Kailash Babu & Anr. vs State Nct Of Delhi
2019 Latest Caselaw 843 Del

$~4

* IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                   Judgment delivered on: 08.02.2019

+      BAIL APPLN. 1795/2018
       KAILASH BABU & ANR.                                  ..... Petitioners

                                    versus

       STATE NCT OF DELHI                                   ..... Respondent

Advocates who appeared in this case:
For the Petitioner  :        Mr. Ashwani Goel, Advocate.

For the Respondent   :       Mr. Hirein Sharma, APP for the State.
                             SI Surender, PS Begumpur.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners seek anticipatory bail in FIR No.378/2018 under Sections 376/493/494/495/496/34 IPC at Police Station Begumpur.

2. Petitioners are the parents-in-laws of the complainant. Allegations in the FIR are that without disclosing the factum of an earlier subsisting marriage, the son of the petitioners married the complainant.

3. Petitioners were granted interim protection by order

13.08.2018.

4. It is informed by learned counsel for the petitioners that resolution has arrived at between the husband and the wife and the husband has already been admitted to regular bail by the Trial Court.

5. Keeping in view the totality of facts and circumstances and also the fact that the allegations under Section 376 IPC have been made solely on the ground that the complainant was not made aware of the earlier marriage of the husband, I am of the view that the petitioners have made out a case for grant of anticipatory bail.

6. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioners on bail on each of the petitioners furnishing a bail bond in the sum of Rs. 25,000/- with one surety each of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioners shall not do anything which may prejudice the trial or the prosecution witnesses.

7. The petition is allowed in the above terms.

8. Order Dasti under signatures of the Court Master.

FEBRUARY 08, 2019                         SANJEEV SACHDEVA, J
st