JUDGMENT Dr. Bharat Bhushan Parsoon, J.:- This petition has been filed by petitioners Sewa Singh and Smt.Baljit Kaur, under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to them in the event of their arrest in FIR No.206 dated 22.12.2013, under Sections 307, 498-A, 406 and 120-B of Indian Penal Code, registered at Police Station City South Moga, District Moga. 2. The matter pertains to a matrimonial discord. As per the prosecution case, complainant Smt.Kanwaljit Kaur was married with Beant Singh about five years ago. Sufficient dowry articles had been given at the time of marriage. Alleged dissatisfaction of the husband and other family members had resulted in maltreatment of the complainant. Demands of more dowry were made. Rs. 5 lacs in cash were demanded to send Beant Singh abroad. In addition the complainant was often teased and taunted as she had not been able to bear any child. 3. It is further the case of the prosecution that on 22.12.2013 at about 4:00 p.m., when the complainant was lying on her bed, then petitioner Sewa Singh accompanied by his wife Smt.Baljit Kaur – copetitioner tried to strangulate the complainant with her chunni; having been hurt the complainant, she was admitted in the hospital by Smt.Harjit Kaur, aunt of husband of the complainant. 4. The petitioners have sought pre-arrest bail on the ground that neither they are concerned with the matrimonial life of the complainant nor had ever demanded any dowry. It is also claimed that they never teased or taunted or beaten up the complainant. Allegations contained in the FIR are denied. 5. Hearing has been provided to the learned counsel for the parties. 6. Petitioners are brother-in-law (dewar) and sister-in-law (dewrani) of complainant Smt.Kanwaljit Kaur. The petitioners are newly married couple having tied the nuptial knot just about 4 months ago. It has been tried to be explained by the petitioners that mother-in-law of the complainant was admitted in DMC Heart Institute since 7.12.2013. Her surgery was performed on 14.12.2013 and she was discharged on 24.12.2013. It is, thus claimed that petitioner Sewa Singh was grossly involved as he was attending to his mother, as his father due to old age was not able to run about. He was going to Ludhiana to look after his mother everyday. Medical record of treatment of mother of petitioner No.1 has been produced.
It is, thus claimed that petitioner Sewa Singh was grossly involved as he was attending to his mother, as his father due to old age was not able to run about. He was going to Ludhiana to look after his mother everyday. Medical record of treatment of mother of petitioner No.1 has been produced. It is claimed that when complainant Smt.Kanwaljit Kaur was requested to participate in treatment of her mother-in-law as it entailed huge expenditure, she created the entire story falsely. 7. From the chain of events as also from attending facts and circumstances, it transpires that Beant Singh husband of the complainant is residing in Canada. His absence had complicated the matrimonial issues further. There are no allegations that any gold ornaments allegedly given in the dowry had been handed over to the petitioners, Sewa Singh and his wife co-petitioner who are a nascent couple. It is claimed that chunni allegedly used in the commission of crime is to be recovered. Medical certificate produced by the complainant shows that complainant Mrs.Kanwaljit Kaur was admitted in a private hospital at Moga as a case of hanging. It no where shows that it was a case of strangulation by a ligature material like chunni. 8. Keeping in view the totality of facts and circumstances, when the petitioners who are neither beneficiaries of demands of dowry nor had even earlier taken any item of dowry and rather had no interference in the matrimonial life of the complainant and when similarly situated nonapplicants co-accused viz. Gurmej Singh and Smt.Manjit Kaur have already been released on anticipatory bail granted by Additional Sessions Judge, Moga on 6.2.2014, there is no reason to deny the benefit of anticipatory bail to them. 9. In view of the above, the present petition is allowed. In the event of arrest of the petitioners by the Arresting Officer, they shall be released on bail, subject to the following conditions:- 1) that the petitioners shall make themselves available for interrogation by a police officer as and when required; 2) that they 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 to any police officer; and, 3) that they shall not leave India without the previous permission of the Court. 10.
10. However, nothing observed anywhere in the order will be construed as expression of opinion on merits of the case. ---------0.B.S.0------------