LAWS(HPH)-2014-5-55

NAZIR DEEN Vs. STATE OF HIMACHAL PRADESH

Decided On May 29, 2014
Nazir Deen Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE petitioners have approached this Court under Section 438 Cr.P.C. for grant of bail in case FIR No. 63 of 2014 dated 22.4.2014 registered at Police Station Amb, District Una, H.P. under Sections 498 -A, 354, 506, 504 and 34 IPC.

(2.) THE case of the prosecution is that the complainant is the wife of Sajid Khan and daughter -in -law of Nazir Deen, the two petitioners in this case. It is claimed by the complainant that she has married to petitioner Sajid Khan on 17.6.2012 as per the Muslim rites and customs at village Panjoa Ladoli, Tehsil Amb, District Una. The marriage was duly consummated, however, no child was born out of this legal wedlock. It is alleged that soon after the marriage the accused persons started treating the complainant with cruelty and the accused persons started taunting her for bringing less dowry and raised various demands like cash, gold ornaments etc. It was further stated that she was taunted on the ground that whatever had been given by the parents of the complainant was cheap and not as per their status. The accused demanded Rs. 40,000/ - from the complainant with the request to return the same after some time. The complainant was asked to fulfill this demand because her father and brother are in government service. It is alleged that this amount of Rs. 40,000/ - was given in good faith.

(3.) ON 19.12.2013 when the complainant was sleeping in her room, the petitioner Nazir Deen is alleged to have come in her room and tried to outrage the modesty of the complainant which incident was narrated to the other family members of the petitioners. It is further claimed that the complainant was treated with cruelty throughout and ultimately on 14.2.2014 the complainant was ousted from her matrimonial house after having been mercilessly beaten. It was further claimed that the dowry articles of the complainant were still lying in the house of the accused and the same had not been returned. On these allegations, the FIR was lodged against the petitioners.