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2016 DIGILAW 2814 (DEL)

VISHNU GOYAL v. GOVT. OF NCT OF DELHI

2016-07-29

P.S.TEJI

body2016
JUDGMENT : P.S. TEJI, J. 1. The present petition under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr. P.C.), has been filed by the petitioner for seeking bail in a case registered as FIR No. 861/2014 under Sections 498A/306 of Indian Penal Code, at Police Station South Rohini, Delhi. 2. The petitioner is charged with the offence punishable under Section 498A/306 of IPC. Marriage of petitioner was solemnized with Ms. Pinki, daughter of the complainant – Jagdish Kumar on 08.03.2000 petitioner has two kids, i.e., daughter of 14 years and a son of 13 years. The prosecution case is based on the complaint of Jagdish Kumar, who alleged in his complaint that her daughter used to be harassed by the petitioner as well as by his brother Krishan Kumar. It is further alleged that the petitioner used to beat his daughter after consuming liquor. Since the petitioner was living in rented accommodation, the complainant helped him to purchase his own flat at Sector 2, Rohini. Petitioner was also helped in his business. It is alleged that due to greed and habit of consuming liquor often, the petitioner used to beat his daughter and due to which on the fateful night of 21.10.2014, she committed suicide. The complainant alleged that her daughter had committed suicide due to torture being made to her. 3. On the complaint of father of the deceased, the FIR was registered against the petitioner as well as his brother Krishan Kumar. Since, brother of the petitioner was living separately, therefore, he was granted anticipatory bail by the learned Additional Session Judge vide order dated 03.11.2015. However, the petitioner is in custody since the date of his arrest i.e., 11.11.2014. 4. During investigation of the case, statements of kids of the petitioner were recorded under Section 161 as well as 164 of Cr.P.C. In their statements, children have specifically alleged that their father used to beat and torture their mother due to which she has committed suicide. After completion of the investigation, the charge sheet has been filed and the petitioner has been charged with the offence punishable under Sections 498-A/306 of IPC. 5. The petitioner filed bail application before the learned Additional Session Judge, which was dismissed on 07.12.2015.