Satish Chander Mishra and Another vs State of Haryana

R.P. Nagrath, J.—The petitioners are parents-in-law of the deceased and residents of village Pipra Bhanmatri, District Devaria (U.P.). They are seeking pre-arrest bail u/s 438 of Cr.P.C. in FIR No. 239 dated 08.06.2013 for offences under Sections 498A, 304B and 34 Indian Penal Code (IPC) registered at Police Station DLF Phase-II, Gurgaon, District Gurgaon. Learned counsel for the petitioners contended that after the marriage of their son on 23.01.2011, the deceased had been residing with them for about 1 1/2 years and she went to Gurgaon on 01.03.2013 to stay with her husband where he was working and whatever incident took place at Gurgaon they cannot be remotely responsible.

Having considered the above argument and going through facts of the case emerging from the contents of the FIR, I do not find merit in the prayer for extending petitioners the benefit of pre-arrest bail as the case is still under investigation.

The facts stated in the FIR are that parents of the deceased spent about Rs. 15 to 16 lacs in marriage. It is stated by father of the deceased as under:-

...After the marriage whenever my daughter Anju Mishra used to go to in-laws house, her husband, father-in-law and mother Snehlata used to taunt her and harass her on account of bringing less dowry and used to beat her When my daughter told these things to me, on 2-3 occasions I went to the in-laws house of my daughter and made them understand, but they did not mend their ways and kept on demanding dowry. The husband of my daughter used to say repeatedly that he will leave her and solemnize second marriage. On 01.03.2013 my daughter Anju came with her husband Amit Kumar Mishra to Gurgaon and started living in a rented house bearing No. U-79/9 G.F. DLF Phase-III, Gurgaon. Amit Kumar Mishra is working as Technical Manager in TEK Travels Pvt. Ltd. Plot No. 724 DLF Phase V Udhyog Vihar, Gurgaon. Now for the last many days, my daughter Anju Mishra used to tell me from Gurgaon that Amit Mishra used to abuse her and beat her daily and would ask me to bring money from my parents as he wanted to purchase a house. I told my daughter Anju that she should not worry as I will visit within 2-4 days and make Amit understand. On 07.06.2013 my daughter Anju was trying to contact me on telephone, but she only said that she is feeling out of breath and is feeling restlessness. Thereafter she could not talk.

So, the mere fact that the girl died at Gurgaon on 07.06.2013 cannot provide any advantage to the petitioners because of the constant harassment and maltreatment meted out to her while she was staying with the petitioners. The tragic incident seems to be culmination of constant harassment in connection with demand of dowry. The hapless lady, therefore, under the circumstances ended her life. It is yet to be determined what are the circumstances leading the girl to consume poisonous substance. In view of the facts and circumstances of the case and discussion made above, I find no merit in the prayer for pre-arrest bail and the petition is dismissed.