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2012 Supreme(Del) 3116

V.K.SHALI
Danish – Appellant
Versus
State – Respondent


Advocates:
Through: Mr. F.Haq, Adv.
Through: Mr.Sunil Sharma, APP

JUDGMENT :

V.K. Shali, J.


1. This is a petition for grant of anticipatory bail by the brother in law and the father in law of the deceased for an offence under Section 304B/498-A IPC registered vide FIR no.336/2011 by P.S. Jamia Nagar.

2. The main contention of the learned counsel for the petitioners is that a reading of the complaint lodged by one Gulzar Ahmed, father of the deceased does not show that there was any immediate demand of dowry prior to the date of the death, by either of the petitioners. Therefore, prima facie the ingredients of Section 304B IPC are not satisfied. It was contended that if the ingredients of Section 304B IPC prima facie are not satisfied, even the presumption under Section 113B of the Evidence Act cannot be drawn. It was also contended that it was a case of suicide committed by the deceased on the spur of the moment, as admittedly a quarrel had taken place between the deceased and her husband and therefore, it is contended that keeping in view the aforesaid facts, the petitioners may be enlarged on bail and they are prepared to join the investigation.

3. The learned APP vehemently contested the claim for the grant of anticipatory bail. It has been conten







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