(1.) The petitioners having surrendered before this Court seek bail in FIR No.351/2021 dtd. 28/10/2021 under Ss. 354/342, 498, 498-A, 504/506 IPC registered at Police Station Bahu Fort, Jammu, as also in offence under Sec. 376, 376-D of IPC added subsequently to the FIR on the basis of statement of respondent No.2 recorded under Sec. 164 of Cr. P. C.
(2.) Before adverting to the grounds urged for seeking bail, it is necessary to state few facts relevant to the disposal of this bail application.
(3.) Genesis of the entire dispute lies in matrimonial discord between the complainant and her husband Razak Hussain who got married on 23/10/2020 as per Muslim rites and rituals. The accused Bilal Hussain is father-in-law and accused Suraya Bibi is mother-in- law of respondent No.2. The other two accused in the FIR, namely, Waseem Akram and Sahil Chowdhary, who are petitioners in this bail application, are real brother and cousin of Razak Hussain respectively. As is evident from reading of the FIR registered by the police on the basis of a written complaint filed by respondent No.2 before Inspector General of Police, Jammu, the husband of respondent No.2, her father-in-law, mother-in-law and brother-in-law had been torturing, abusing and harassing her from the very next day of her marriage for not bringing enough dowry. The written complaint which was filed before Inspector General of Police, Jammu, on the basis whereof the FIR was registered against the petitioners herein and three others, the respondent No.2, apart from making the allegations of abuse, harassment and torture at the hands of her in-laws, also made a complaint against the petitioners that one day she had gone to kitchen to eat something, the petitioners tried to touch her body in an inappropriate manner. The respondent No.2, who was undergoing depression, ran back to her room and bolted herself from inside. Apart from this, there is no allegation of any sexual assault or rape made by respondent No.2 in her complaint. There is, however, an allegation made against father-in-law and mother-in-law, who, as per complaint of the respondent No.2, took her to a Tantrik in Village Badhori where she was stripped naked by the Tantrik with their help. The unknown Tantrik touched her private parts and applied some oil there. The respondent No.2 in her complaint also refers to an incident of 8/9/2021. She states that the accused persons including the petitioners herein took her to a God-man in a shrine by the name of Klier Sharief in Uttarakhand. She complains of being abused and beaten by her husband and mother-in-law. She also alleges that she heard the petitioner No.1 telling other accused that they should kill her and throw her here and there will be no witness to the crime. It is here respondent No.2 claims that she somehow managed to reach the roof of the building and after having bolted herself inside, she called her father as well as one Showkat Ali who was responsible for arranging her marriage with Razak Hussain. On the request of father of respondent No.2 and said Showkat Ali, the accused No.1 and 2 brought respondent No.2 back home safely. This is the written version of the complainant about the incident given to the IGP. On the basis of this complaint, FIR No.351/2021 was registered at Police Station, Bahu Fort, Jammu on 28/10/2021, under Sec. 354, 342, 498, 498A, 504 and 506 IPC against the petitioners and three others i.e. husband, father-in-law and mother-in-law of the respondent No.2.