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HIGH COURT OF DELHI
BAIL APPLN.2144/2018
TRIBENI MAHANTI Petitioner
Through: Mr.L.Ojha,Advocate with Mr.R.K.Tiwari,Adv.
BAIL APPLN.2144/2018
TRIBENI MAHANTI Petitioner
Through: Mr.L.Ojha,Advocate with Mr.R.K.Tiwari,Adv.
VERSUS
STATE(GOVT.OF NOT OF DLEHI) Respondent
Through: Mr.K.S.Ahuja,APP for the State with Insp. Ajai Pratap Singh,& ASI
Gayan Singh,PS Pul Prahlad Pur.
Through: Mr.K.S.Ahuja,APP for the State with Insp. Ajai Pratap Singh,& ASI
Gayan Singh,PS Pul Prahlad Pur.
BAIL APPLN.2154/2018
JAGANNTHA MAHANTI Petitioner
Through: Mr.L.Ojha,Advocate with Mr.R.K.Tiwari,Adv.
JAGANNTHA MAHANTI Petitioner
Through: Mr.L.Ojha,Advocate with Mr.R.K.Tiwari,Adv.
VERSUS
STATE(GOVT.OF NCT OF DELHI) Respondent
Through: Mr.K.S.Ahuja,APP for the State with Insp. Ajai Pratap Singh,& ASI
Gayan Singh,PS Pul Prahlad Pur.
Through: Mr.K.S.Ahuja,APP for the State with Insp. Ajai Pratap Singh,& ASI
Gayan Singh,PS Pul Prahlad Pur.
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
12.11.2018 Both these petitions relate to the case arising out ofFIR No.155/2018 of Police Station Pul Prahlad Pur, involving offences punishable under
Section 304-B/34 ofIndian Penal Code, 1860(IPG). On 14.09.2018,these petitions came up together and following order was passed:-
"The applicants are parents of Sushant Mohanti to whom the deceased Priyanka was married on 22.01.2018 in their native
State Odisha. It is the case ofthepetitioners that after seven days ofthe marriage, the couple i.e. deceased and her husband had shifted to Delhi. Priyanka apparently committedsuicide by
12.11.2018 Both these petitions relate to the case arising out ofFIR No.155/2018 of Police Station Pul Prahlad Pur, involving offences punishable under
Section 304-B/34 ofIndian Penal Code, 1860(IPG). On 14.09.2018,these petitions came up together and following order was passed:-
"The applicants are parents of Sushant Mohanti to whom the deceased Priyanka was married on 22.01.2018 in their native
State Odisha. It is the case ofthepetitioners that after seven days ofthe marriage, the couple i.e. deceased and her husband had shifted to Delhi. Priyanka apparently committedsuicide by
BAIL APPLN.2144/2018 etc. Page 1 of3
2018:DHC:8468 hanging herselfby the neck at the matrimonial home where she was living with her husband, on 08.07.2018. Allegations have been made ofcruelty and demandfor dowry primarily directed against the husband Sushant Mohanti who was arrested on
11.07.2018 in the course ofinvestigation into FIR No. 155/2018 under Sections 304B/34IPCofpolice station PulPrahladpur and is presently injudicial custody. The allegations in the FIR and in the statements recorded thus far under Section 161 Cr.P.C. againstthepetitionersseem to be omnibus.
The learned additional public prosecutor, however, has referred to the suicide note left behind by the deceased, which is also mentioned in the status reportfiled. On being asked, the additionalpublic prosecutor, submitted that he is unable to show the suicide note to the court since it was sent toforensic science laboratory(FSL)for opinion ofhand writing expert, no copy, not even a photocopy, having been retained by the investigating officer. The investigating agency will make a photocopy of the said documentavailableforperusal by the court.
Be listedon 12"^ November,2018.
Till next date, no coercive steps will be taken against the petitioners, subject however, to theyjoining investigation as and when called by the investigating officer."
Copy ofthe suicide note has been placed on record for perusal by the court. It is also submitted that the investigation has since been completed and the report under Section 173 ofthe Code of Criminal Procedure, 1973
(Cr.P.C.)submitted on 15.10.2018,though further investigation is presently underway which would culminate in a supplementary report being submitted. The petitioners apprehend arrest and being taken in custody.
Having regard to the facts, as noted in the order dated 14.09.2018, particularly the submissions made that the petitioners, parents-in-law ofthe deceased have been ordinary residents oftheir native place in Odisha,the
2018:DHC:8468 hanging herselfby the neck at the matrimonial home where she was living with her husband, on 08.07.2018. Allegations have been made ofcruelty and demandfor dowry primarily directed against the husband Sushant Mohanti who was arrested on
11.07.2018 in the course ofinvestigation into FIR No. 155/2018 under Sections 304B/34IPCofpolice station PulPrahladpur and is presently injudicial custody. The allegations in the FIR and in the statements recorded thus far under Section 161 Cr.P.C. againstthepetitionersseem to be omnibus.
The learned additional public prosecutor, however, has referred to the suicide note left behind by the deceased, which is also mentioned in the status reportfiled. On being asked, the additionalpublic prosecutor, submitted that he is unable to show the suicide note to the court since it was sent toforensic science laboratory(FSL)for opinion ofhand writing expert, no copy, not even a photocopy, having been retained by the investigating officer. The investigating agency will make a photocopy of the said documentavailableforperusal by the court.
Be listedon 12"^ November,2018.
Till next date, no coercive steps will be taken against the petitioners, subject however, to theyjoining investigation as and when called by the investigating officer."
Copy ofthe suicide note has been placed on record for perusal by the court. It is also submitted that the investigation has since been completed and the report under Section 173 ofthe Code of Criminal Procedure, 1973
(Cr.P.C.)submitted on 15.10.2018,though further investigation is presently underway which would culminate in a supplementary report being submitted. The petitioners apprehend arrest and being taken in custody.
Having regard to the facts, as noted in the order dated 14.09.2018, particularly the submissions made that the petitioners, parents-in-law ofthe deceased have been ordinary residents oftheir native place in Odisha,the
BAIL APPLN.2144/2018 etc. Page2of3 investigating agency confirming that they did join investigation pursuant to the directions given in the last order,a case for protection under Section 438
Cr.P.C. is made out. It is, thus, directed that in the event ofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum ofRs.20,000/- with one surety in the like amounteach,subjectto the following further conditions
(i) The petitioners shall continue cooperating with the investigation andjoin the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of selfand ofat least one other responsible family member besides that ofthe surety to the investigating officer; and
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Both the petitions stand disposed ofin above terms.
Dasti under the signature ofCourt Master.
\a,J.
NOVEMBER 12,2018/vk BAIL APPLN.2144/2018etc. Page3of3
Cr.P.C. is made out. It is, thus, directed that in the event ofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum ofRs.20,000/- with one surety in the like amounteach,subjectto the following further conditions
(i) The petitioners shall continue cooperating with the investigation andjoin the same as and when called upon to do so;
(ii) The petitioners shall not come in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of selfand ofat least one other responsible family member besides that ofthe surety to the investigating officer; and
(iv) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Both the petitions stand disposed ofin above terms.
Dasti under the signature ofCourt Master.
\a,J.
NOVEMBER 12,2018/vk BAIL APPLN.2144/2018etc. Page3of3
JUDGMENT