R.S.Singhvi & Anr v. State of NCT of Delhi

Order dasti. (MUKTA GUPTA) JUDGE SEPTEMBER 28, 2018 'vn'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17th September, 2018 Decided on: 28th September, 2018 + BAIL APPLN. 1704/2018 and CRL.M.A. 28309/2018 R.S.SINGHVI & ANR ..... Petitioners Represented by: Mr. Hariharan, Sr. Advocate with Mr. Sidharth Aggarwal and Mr. Aditya Singhla, Advocates. versus STATE OF NCT OF DELHI ..... Respondent Represented by: Mr. Rahul Mehra, Standing Counsel with Ms. Rajni Gupta, APP for the State. ACP Arvind Yadav and Insp. Joginder Singh, Crime Branch. Ms. Rebecca M John, Sr. Advocate with Mr. Vishal Gosain, Mr. Kushdeep Gaur, Mr. R. Tyagi, Mrs. Nicy Paulson & Ms. Megha Bahl, Advocates for Complainant. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA 1. By this petition, petitioners, who are parents of Mayank Singhvi, husband of deceased Anissia Batra seek anticipatory bail in case FIR No.185/2018 under Section 304B IPC registered at PS Hauz Khas, Delhi. 2. The above noted FIR was registered on the complaint of Smt. Nillum Batra, mother of Anissia Batra stating that they had solemnized the marriage of their daughter Anissia with Mayank on 23rd February, 2016. After one week of marriage both of them went to Dubai for honeymoon where on the second day Mayank assaulted Anissia in the lobby of the hotel and the room causing contusions on her body. After receiving the beatings Anissia was sending messages the whole night to the complainant who for the safety of Anissa advised her to go to another room if she did not find safe in the said room. On the next date Anissia left the hotel and went to a woman friend's house and from there to airport. After coming to India complainant advised her daughter to discuss the issue with her parents-in-law, that is, the petitioners herein however, during the discussion they stated that the beatings were due to instigation of the deceased. However, an assurance was given to the husband of the complainant namely R.S. Batra that no such incident would take place in future and Mayank took oath not to take liquor in future which he broke after one week. Thereafter series of beatings and abusing, use of vulgar words continued against Anissia. Due to safety of her daughter the complainant stayed in Delhi for one month from 14th April, 2018 during which period Mayank pulled the hand of her daughter and tried to throw her out of the house which she stopped. She also saved her daughter from violence number of times and due to all these reasons her daughter was always sad. The situation deteriorated and on 5th June, 2018 the complainant came back to Delhi again. On 6th June, 2018 there was again a quarrel between Mayank and Anissia and when she went to the room of her daughter, she saw her daughter was sitting on the bed quietly and Mayank was talking to his parents over the phone who were in London. Parents of Mayank were instigating him and he became mad with anger after talking on phone. Thereafter Mayank again assaulted Anissia with force resulting in the breaking of the bracelet of her hand. The very next day the petitioners herein flew back from London and in the evening came to the house of Mayank and treated their daughter with much rudeness stating that she could leave the house and go away. The complainant called her husband who reached on 9th June, 2018. Due to the quarrel several times police had to be called. Thereafter Shri Ganpatji assured that no such incident will take place in future and the complainant and her husband can go back to Chandigarh. It is at this point of time that for the first time they came to know that Mayank was already a divorcee and had undergone mental treatment. The complainant along with her husband and son went to Chandigarh on 29th June, 2018 whereafter again Mayank demanded money from her daughter. In the morning of 13th July, 2018 at 11.40 AM she had received a message from her daughter that Mayank was in the house and they were in separate rooms. On 13th July, 2018 at 12.11 PM she sent a message to her daughter on whatsapp to know her