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Naresh Kumar and ors. Vs. State (Nct of Delhi) and anr. - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtDelhi High Court
Decided On
Case NumberCrl. Misc. (Main) No. 3368 of 2001
Judge
Reported in95(2002)DLT92; I(2002)DMC51; 2002(61)DRJ273
ActsCode of Criminal Procedure (CrPC) , 1973 - Sections 438; Indian Penal Code (IPC), 1860 - Sections 34 and 498-A
AppellantNaresh Kumar and ors.
RespondentState (Nct of Delhi) and anr.
Appellant Advocate M.N. Dudeja, Adv
Respondent Advocate Arun Rathee, Adv.
DispositionAnticipatory bail granted

Excerpt:


criminal procedure code, 1973 - section 438 r/w 498-a, ipc--anticipatory bail--cruelty by husband and relatives of husband--contention that allegations made in fir are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed--supplementary statement of complainant, wherein some of the instances of demand and infliction of cruelty have been disclosed--instances were within the knowledge of complainant on the date of complaint--anticipatory bail granted. - - 10,000/- with the surety in like amount each to the satisfaction of sho/i.order1. petitioner no. 1 is the husband, petitioners 3 and 4 are parents-in-law and petitioner no. 2 is brother-in-law of smt. geeta on whose complaint dated 12th july, 2001 made to crime against women cell, case under section 498-a was registered on 14th july, 2001. contention advanced by mr. alvi is that allegations made in fir are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed therein. however, on the other hand, shri kapoor has invited my attention to the supplementary statement of complainant recorded on 27th july, 2001 wherein some of the instances of demand and infliction of cruelty have been disclosed. obviously those instances where within the knowledge of complainant on the date she made complaint on 12th july, 2001. in the facts and circumstances of case, petitioners are admitted to anticipatory bail. in the event of their arrest, they will be released on furnishing personal bond in the sum of rs. 10,000/- with the surety in like amount each to the satisfaction of sho/i.o. concerned. they will, however, join investigation as and when required by the i.o. dusty.2. anticipatory bail granted.

Judgment:


ORDER

1. Petitioner No. 1 is the husband, petitioners 3 and 4 are parents-in-law and petitioner No. 2 is brother-in-law of Smt. Geeta on whose complaint dated 12th July, 2001 made to Crime Against Women Cell, case under Section 498-A was registered on 14th July, 2001. Contention advanced by Mr. Alvi is that allegations made in FIR are vague inasmuch as date, month and year of alleged demand and beating have not been disclosed therein. However, on the other hand, Shri Kapoor has invited my attention to the supplementary statement of complainant recorded on 27th July, 2001 wherein some of the instances of demand and infliction of cruelty have been disclosed. Obviously those instances where within the knowledge of complainant on the date she made complaint on 12th July, 2001. In the facts and circumstances of case, petitioners are admitted to anticipatory bail. In the event of their arrest, they will be released on furnishing personal bond in the sum of Rs. 10,000/- with the surety in like amount each to the satisfaction of SHO/I.O. concerned. They will, however, join investigation as and when required by the I.O. dusty.

2. Anticipatory Bail granted.


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