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2012 DIGILAW 528 (HP)

Nanak Singh v. State of Himachal Pradesh

2012-09-11

KULDIP SINGH

body2012
JUDGMENT Kuldip Singh, Judge (Oral). This judgement shall dispose of Cr.MP (M) Nos. 840, 841, 842, 843 and 844 of 2012 filed under section 438 Cr.P.C. by Nanak Singh, Anjana Devi, Sujan Singh, Shamsher Singh and Ranjana Devi, respectively for releasing them on bail in FIR No. 209/12 dated 4.9.2012, registered at Police Station, Jawali, District Kangra, under sections 498A, 306 IPC. Sujan Singh is the husband of deceased. Nanak Singh and Shamsher Singh are the brothers-in-law of Sujan Singh. Anjana Devi and Ranjana Devi are married sisters of Sujan Singh. The status report has been filed in Cr.MP(M) No. 840 of 2012. 2. The petitioners have stated that they are innocent. They have committed no offence. They have been falsely implicated in the case lodged by the father of deceased Kamlesh Kumari alias Sapna. The petitioners are apprehending their arrest in the above case. The petitioners are ready to join the investigation. No recoveries are to be made from them. The submission has been made for releasing the petitioners on bail. On behalf of petitioner Sujan Singh, it has been additionally submitted that he is working at Faridabad, he came to know the death of his wife and came from Faridabad, but police is after him to arrest him. 3. In the status report, it has been submitted that on 4.9.2012, the President, Gram Panchayat, Paphan Smt. Santosh Kumari on telephone informed the police that Kamlesh Kumari has died suddenly. The police reached the spot. The persons from the parents side of the deceased were also found on the spot. The statement of Achhar Singh, under section 154 Cr.P.C. was recorded. He has stated that he married his daughter Kamlesh Kumari alias Sapna on 26.2.2009 with Sujan Singh. The couple lived happily for one year, but thereafter the in-laws of her daughter started ill-treating her. 4. About two years ago, Kamlesh Kumari informed her sister Ramna on phone that her sisters-in-law Neelam Kumari, Anjana Kumari, Ranjana Kumari, brothers-in-law Shamsher Singh, Angrej Singh and husband Sujan Singh had been taunting her. On this, the complainant, his wife and daughter Ramna had gone to the house of in-laws of Kamlesh Kumari at Paphan. The condition of Kamlesh Kumari was not good. She told that aforesaid persons had been taunting her that she was sterile and was not in a position to bear children. 5. On this, the complainant, his wife and daughter Ramna had gone to the house of in-laws of Kamlesh Kumari at Paphan. The condition of Kamlesh Kumari was not good. She told that aforesaid persons had been taunting her that she was sterile and was not in a position to bear children. 5. The complainant brought Kamlesh Kumari in his house. After two-three days her husband, father-in-law, brother-in-law Shamsher Singh and Urmila Devi who was instrumental for the marriage visited the house of the complainant alongwith President, Ramesh Singh for taking Kamlesh Kumari with them. On the assurance given by them, the complainant sent his daughter to her in-laws. After that his daughter Kamlesh several times informed her elder sister Ramna that there was no change in the conduct of her in-laws. He had given one mobile phone to Kamlesh, but that was also broken by his son-in-law. 6. On 4.9.2012 at about 9.30 a.m. Sujan Singh informed that Kamlesh Kumari had died. The complainant and others reached Paphan and found the dead-body of Kamlesh Kumari lying in a room. The complainant has stated that his daughter on account of torture by her husband Sujan Singh, mother-in-law Santosh Kumari, sisters-in-law Neelam, Anjana, Ranjana, brother-in-law Shamsher Singh consumed some poison and ended her life. On this case was registered. 7. The post mortem on the dead body was got conducted. The complainant during investigation named Kashmir Singh also. Santosh Kumari mother-in-law of the deceased and Neelam Kumari sister-in-law of the deceased were arrested on 4.9.2012. The petitioners except Sujan Singh have joined the investigation. The investigation in the case is incomplete. It has been stated that in the year 2010 also the petitioners had tortured the deceased. The submission has been made for rejection of bail applications. 8. Heard and perused the record. In the post mortem report, the doctors have given the opinion that no cause of death could be established and final opinion will be given after chemical analysis of viscera and blood report from FSL. It appears FSL report has not yet been received. The marriage of the deceased took place with petitioner Sujan Singh on 26.2.2009. The petitioners Anjana Devi and Ranjana Devi are the married sisters of petitioner Sujan Singh. Nanak Singh and Shamsher Singh are the brothers-in-law of Sujan Singh. It appears FSL report has not yet been received. The marriage of the deceased took place with petitioner Sujan Singh on 26.2.2009. The petitioners Anjana Devi and Ranjana Devi are the married sisters of petitioner Sujan Singh. Nanak Singh and Shamsher Singh are the brothers-in-law of Sujan Singh. In the status report, it has not been pointed out what ill-treatment Nanak Singh, Shamsher Singh, Anjana Devi and Ranjana Devi had given to the deceased immediately before the deceased took the step to end her life. 9. It has been stated that deceased was living in her in-laws house. Nanak Singh, Shamsher Singh, Anjana Devi and Ranjana Devi petitioners have joined the investigation. It appears from the status report that there is no allegation of demand of dowry or of giving beatings to the deceased. The allegations are that petitioners used to taunt the deceased that she was sterile and incapable to bear children. The investigation is in progress. Sujan Singh has not joined the investigation. 10. There is no allegation that Nanak Singh, Shamsher Singh, Anjana Devi, Ranjana Devi will flee from justice. There is no allegation that they are terrorizing prosecution witnesses. In the facts and circumstances of the case, petitioners Nanak Singh, Anjana Devi, Shamsher Singh and Ranjana Devi have made out a case for grant of bail under section 438 Cr.P.C. The marriage took place on 26.2.2009. The deceased in plus three years of marriage ended her life. The husband Sujan Singh has failed to make out a case for grant of bail, under section 438 Cr.P.C. 11. In view of above, MP(M) Nos. 840, 841, 843 and 844 of 2012 filed by Nanak Singh, Anjana Devi, Shamsher Singh and Ranjana Devi are allowed and it is directed that in the event of arrest of petitioners Nanak Singh, Anjana Devi, Shamsher Singh and Ranjana Devi in FIR No. 209/12 dated 4.9.2012, registered at Police Station, Jawali, District Kangra, under sections 498A, 306 IPC, they be released on bail on their furnishing personal bond in the sum of Rs. 50,000/- each with one surety each of the like amount to the satisfaction of Arresting Officer with the conditions that petitioners shall continue to join the investigation as and when called by the investigating officer and shall not terrorise, overawe the prosecution witnesses. The petitioners shall not hamper the investigation and tamper with the prosecution evidence in any manner. 50,000/- each with one surety each of the like amount to the satisfaction of Arresting Officer with the conditions that petitioners shall continue to join the investigation as and when called by the investigating officer and shall not terrorise, overawe the prosecution witnesses. The petitioners shall not hamper the investigation and tamper with the prosecution evidence in any manner. They shall maintain absolute peaceful and lawful conduct during the pendency of the case. The women petitioners shall be interrogated strictly in accordance with law. The Cr.MP(M) No. 842 of 2012 filed by Sujan Singh is dismissed. 12. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.