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2002 DIGILAW 933 (PNJ)

Harmail Singh v. State Of Punjab

2002-09-17

R.C.KATHURIA

body2002
Judgment R.C.Kathuria, J. 1. Petitioner seeks bail in case FIR No. 132 dated 21.6.2002, under Sections 406/498 - A of Indian Penal Code, registered at Police Station Shahkot, District Jalandhar. 2. The case came to be registered on the statement of Rajinder Kaur wife of the present petitioner-accused. The marriage between the parties was solemnised on 24.11.1991 at village Rampur. They had no issue out of this wedlock. According to the stand of the complainant, dowry articles, detailed in the report lodged, were given by her parents at the time of her marriage. Thereafter, on the demands made by the petitioner-accused and his family members, money was provided by the parents of the complainant for the purchase of scooter and fridge, which were accordingly purchased by the petitioner. She used to be harassed by the petitioner, her mother-in-law and brother-in-law and was disgraced to the extent that she might have committed suicide. Petitioner-accused along with co-accused had also tried to kill her by strangulating but she saved herself by running away from the house. She was also beaten by the petitioner and her brother-in-law and was compelled to leave the matrimonial home. The incident was reported by her to her parents. Thereafter the present report was lodged. After completion of investigation, challan has been put in Court. 3. Counsel representing the petitioner while pressing for bail has contended before me that the bone of contention between the petitioner and the complainant is that the complainant could not conceive any child and this led to the differences between them. He has further submitted that no incident of beating was reported to the police and for a period of 10 years, no such complaint was made to any authority. 4. Opposing the submissions made, it has been contended by the State counsel that in view of the accusations made against the petitioner-accused, benefit of bail be not extended to him. From the facts stated in the report lodged, no date has been specifically mentioned in relation to the incident of harassment, demand of dowry and that of beating given by the petitioner. It is also not disputed that petitioner-accused has been in custody since 24.6.2002. 5. Taking into account the totality of circumstances, I accept the petition and order that petitioner-accused shall be admitted to bail on furnishing bail bond/surety bond to the satisfaction of the trial Judge. Bail allowed.