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$-40-41 HIGH COURT OF DELHI
BAIL APPLN. 1543/2016
RAJESH JAIN
Represented by:
BAIL APPLN. 1543/2016
RAJESH JAIN
Represented by:
VERSUS
STATE
Petitioner Mr. Rajiv Taneja, Mr. Arun Kumar Gupta, Mr. Sanjeeb Kumar, Advs.
Respondent Mr. Hirein Sharma, APP with ASI Sunita PS Harsh Vihar.
Mr. R.K. Nagpal, Mr. P.Jain, Mr.M.K.Sharma, Advs. for . complainant with complainant in person.
Petitioner Mr. Rajiv Taneja, Mr. Arun Kumar Gupta, Mr. Sanjeeb Kumar, Advs.
Respondent Mr. Hirein Sharma, APP with ASI Sunita PS Harsh Vihar.
Mr. R.K. Nagpal, Mr. P.Jain, Mr.M.K.Sharma, Advs. for . complainant with complainant in person.
BAIL APPLN. 1544/2016
RIHAN KHAN ALIAS RISHABH JAIN Petitioner Represented by: Mr. Rajiv Taneja, Mr. Arun Kumar Gupta, Mr. Sanjeeb Kumar, Advs.
RIHAN KHAN ALIAS RISHABH JAIN Petitioner Represented by: Mr. Rajiv Taneja, Mr. Arun Kumar Gupta, Mr. Sanjeeb Kumar, Advs.
VERSUS
STATE
BAIL APPLNs. 1543/2016 & 1544/2016 Respondent
Mr. Hirein Sharma, APP with ASI Sunita PS Harsh Vihar.
Mr. R.K. Nagpal, Mr. P.Jain, Mr.M.K.Sharma, Advs. for complainant with complainant in person. page 1 of4
2016:DHC:8222
BAIL APPLNs. 1543/2016 & 1544/2016 Respondent
Mr. Hirein Sharma, APP with ASI Sunita PS Harsh Vihar.
Mr. R.K. Nagpal, Mr. P.Jain, Mr.M.K.Sharma, Advs. for complainant with complainant in person. page 1 of4
2016:DHC:8222
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
01.08.2016 Crl.M.A. 11614/2016 in BAIL APPLN. 1543/2016
Crl.M.A. 11615/2016 in BAIL APPLN. 1544/2016 Exemptions allowed subjectto just exceptions.
By these petitions the petitioners seek anticipatory bail in case FIR
No. 239/2016 under Sections 366/376/354/34 IPG.
Notice. Learned APP for the State accepts.
Learned petitioner submits that the petitioners are father and son.
Petitioner in BAIL APPLN.1544/2016 namely Rihan Khan @ Rishabh Jain was having a love affair with the complainant and on the wish of the complainant he converted his religion to Muslim andthereafter both ofthem performed the marriage as per Muslim customs. The said marriage was performed after a courtship of nearly one year. Copy of the marriage certificate has also been placed on record.
The allegations against Rihan Khan @ Rishabh Jain are that Rishabh
Jain had been following the complainant and taking advantage of her he committed indecent acts with her when she was in a secluded place and locked her in her room. On 25^^ January, 2016 Rishabh Jain took her to some places and got forcefully signed some documents where after he said thatthey were married. The allegations ofthecomplainant arehe served her with drugged food and abused her physically and mentally. Even Rajesh
Jain tried to misbehave with her and when the complainant stopped he slapped her.
The complainant is present in Court and is duly identified by the investigating officer. She states that she was having an affair with Rihan
Khan @ Rishabh Jain and on her desire Rishabh Jain converted to Muslim religion where after both ofthem performed marriage on 25 January, 2016 at Masjid Fatehpuri, Delhi. She states that the above-noted FIR was got registered by her due to the family pressure and she willingly wishes to live with Rihan Khan @ Rishabh Jain at her matrimonial home.
In view of the statement of the complainant who is present in Court and is identified by the investigating officer I deem it fit to grant anticipatory bail to the petitioners. It is therefore directed that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond in the sum of T25,000/- each with one surety each of the like amount subject to the satisfaction of the Arresting Officer/ SHO concerned, further subject to the condition that they will join the investigation as and when directed and will not leave the country without the prior permission ofthe Court concerned.
The complainant who is present in Court apprehends threat from her parents who are also present in Court and thus seeks protection so that she can go to her matrimonial home at Derawal Nagar. SHO Tilak Marg will provide necessary protection to the complainant Shahzana Khan who will also be accompanied by the investigating officer till her matrimonial home.
BAIL APPLNs. 1543/2016 & 1544/2016 page 3 of4
V/ s Petitions are disposed of.
Order dasti under the signature ofthe Court Master.
MUKTA GUPTA, J.
AUGUST 01,2016 'ga' BAIL APPLNs. 1543/2016 & 1544/2016 page 4 of4
01.08.2016 Crl.M.A. 11614/2016 in BAIL APPLN. 1543/2016
Crl.M.A. 11615/2016 in BAIL APPLN. 1544/2016 Exemptions allowed subjectto just exceptions.
By these petitions the petitioners seek anticipatory bail in case FIR
No. 239/2016 under Sections 366/376/354/34 IPG.
Notice. Learned APP for the State accepts.
Learned petitioner submits that the petitioners are father and son.
Petitioner in BAIL APPLN.1544/2016 namely Rihan Khan @ Rishabh Jain was having a love affair with the complainant and on the wish of the complainant he converted his religion to Muslim andthereafter both ofthem performed the marriage as per Muslim customs. The said marriage was performed after a courtship of nearly one year. Copy of the marriage certificate has also been placed on record.
The allegations against Rihan Khan @ Rishabh Jain are that Rishabh
Jain had been following the complainant and taking advantage of her he committed indecent acts with her when she was in a secluded place and locked her in her room. On 25^^ January, 2016 Rishabh Jain took her to some places and got forcefully signed some documents where after he said thatthey were married. The allegations ofthecomplainant arehe served her with drugged food and abused her physically and mentally. Even Rajesh
Jain tried to misbehave with her and when the complainant stopped he slapped her.
The complainant is present in Court and is duly identified by the investigating officer. She states that she was having an affair with Rihan
Khan @ Rishabh Jain and on her desire Rishabh Jain converted to Muslim religion where after both ofthem performed marriage on 25 January, 2016 at Masjid Fatehpuri, Delhi. She states that the above-noted FIR was got registered by her due to the family pressure and she willingly wishes to live with Rihan Khan @ Rishabh Jain at her matrimonial home.
In view of the statement of the complainant who is present in Court and is identified by the investigating officer I deem it fit to grant anticipatory bail to the petitioners. It is therefore directed that in the event of arrest, the petitioners be released on bail on their furnishing a personal bond in the sum of T25,000/- each with one surety each of the like amount subject to the satisfaction of the Arresting Officer/ SHO concerned, further subject to the condition that they will join the investigation as and when directed and will not leave the country without the prior permission ofthe Court concerned.
The complainant who is present in Court apprehends threat from her parents who are also present in Court and thus seeks protection so that she can go to her matrimonial home at Derawal Nagar. SHO Tilak Marg will provide necessary protection to the complainant Shahzana Khan who will also be accompanied by the investigating officer till her matrimonial home.
BAIL APPLNs. 1543/2016 & 1544/2016 page 3 of4
V/ s Petitions are disposed of.
Order dasti under the signature ofthe Court Master.
MUKTA GUPTA, J.
AUGUST 01,2016 'ga' BAIL APPLNs. 1543/2016 & 1544/2016 page 4 of4
JUDGMENT