Delhi HC rejects anticipatory bail plea of sister-in-law in dowry death case where dead body of deceased was shifted from her in-law's house
Justice Swarana Kanta Sharma [30-05-2024]

Read Order: RUKHSAR v. STATE OF NCT OF DELHI [DEL HC- BAIL APPLN. 1941/2024]

LE Correspondent

New Delhi, June 4, 2024: In a case where one day prior to her death the deceased woman had informed her mother that she was being beaten by her mother-in-law and sister in-law (applicant/accused) over the demand of dowry, the Delhi High Court has dismissed her sister-in-law’s anticipatory bail application.

The facts of the present care were that the marriage between the accused Amir Khan and the deceased was solemnized on 28.11.2024 as per Muslim rites and ceremonies. It was alleged that an amount of Rs 5 Lakhs was spent by the complainant on the marriage, and goods amounting to Rs. 1.5 lakhs was given to the accused persons as dowry. 

The complainant (deceased woman’s mother) alleged that just after 10-12 days of the marriage of her daughter, mother-in-law and husband of the deceased demanded a car from the complainant as dowry. It was alleged by the complainant that the mother-in-law and sister-in-law of the present petitioner used to beat her, and had also given electrical shocks to her. The complainant had further alleged that just one day prior to the death of the deceased, the complainant had received a call from her deceased daughter saying that her mother-in-law, and sister-in-law, were beating her on the pretext that she belongs to a poor family. The complainant then received a call the next day from her elder daughter informing her that her daughter had been killed.

The application, before the Delhi High Court, was filed under Section 438 of the Code of Criminal Procedure, 1973 on behalf of petitioner seeking grant of anticipatory bail in a case registered for offences punishable under Sections 304-B/34 of Indian Penal Code, 1860 (IPC).

The Single-Judge Bench of Justice Swarana Kanta Sharma noted that the allegation against the present applicant/accused was that she had given beatings to the deceased, who was her sister-in-law. It was also alleged by the prosecution that the present applicant/accused along with her mother-in-law had given electric shocks to the deceased due to the demands of dowry. It was also stated by the complainant that there were blue line marks on the body of the deceased when she visited her paternal home.

During the course of investigation, it was revealed that the present applicant/accused along with other family members had shifted the dead body of the deceased from her in-law's house i.e. in Delhi to a place in Fatehabad, Uttar Pradesh without informing the police.

Considering the overall facts and circumstances, the seriousness of the allegations, and the fact that non-bailable warrants had already been issued against the applicant/accused, the Bench dismissed the anticipatory bail application.