HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Misc. Bail No. 2933 / 2017
1. Pinky Malik W/o Sh. Umesh Malik
2. Piyus Malik S/o Sh. Umesh Malik, Both B/c Panjabi Hindu, R/o
G-2, Masjid Moth, Greater Kailash-2, Delhi-110048
The State of Rajasthan P.p
For Petitioner(s) : Mr. Anil Vyas.
For Respondent(s) : Mr. Arjun Singh, PP.
For complainant : Mr. Haidar Agha.
Ms. Panna Choudhary, SHO, P.S. Mahila (West), Jodhpur.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
Heard learned counsel for the petitioner, learned Public
Prosecutor and learned counsel for the complainant. Perused the
This anticipatory bail application has been filed on behalf of
the petitioners apprehending their arrest in connection with F.I.R.
No.07/2017, registered at Mahila Police Station (West), Jodhpur
for offences under Sections 498A and 406 IPC.
(2 of 3)
Upon a perusal of the case diary, it is apparent that the
marriage of complainant Smt. Anjali was solemnised with the
petitioner NO.2 Piyush Malik on 06.02.2013. She gave birth to a
male child in the year 2015. There are allegations of continuous
misbehaviour with the complainant during this period of about 4
years on account of demand of cash to the tune of
Rs.11,00,000/-. The misbehaviour exceeded to that extent that
she had to be provided police assistance while leave the
matrimonial home. As per the material available on record,
complainant was forced out of the matrimonial home wearing only
clothes and thus apparently, ornaments of the complainant are
retained with the accused. The list of articles deposited by the
accused does not reflect return of a single piece of ornament of
the complainant. In this background, I am not inclined to enlarge
the petitioner No.2 Piyush Malik, being the husband of the
complainant, on anticipatory bail. Thus, the application for pre-
arrest bail filed on his behalf is rejected.
However, the petitioner No.1 Pinky Malik is a woman and
having regard to the totality of facts and circumstances as
reflected from the record, she deserves indulgence of anticipatory
Accordingly, the bail application is allowed in part and it is
directed that in the event of arrest of petitioner Pinky Malik in
connection with F.I.R.No.07/2017, registered at Mahila Police
Station (West), Jodhpur, the petitioner shall be released on bail;
provided she furnishes a personal bond in the sum of Rs.50,000/-
along with two sureties of Rs.25,000/- each to the satisfaction of
(3 of 3)
the concerned Investigating Officer/S.H.O. on the following
(i). that the petitioner shall make herself available for
interrogation by a police officer as and when required;
(ii). that the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or any police officer; and
(iii). that the petitioner shall not leave India without previous
permission of the court.
(SANDEEP MEHTA), J.