JUDGMENT : Anoop Chitkara, J. Seeking regular bail from judicial custody on the allegations of slitting the throat of his ten years old niece, who refused to divulge the whereabouts of her Massi (mother's sister), the estranged wife of the petitioner, a soldier in the Indian Army, petitioner has come up before this Court under Section 439 of the Code of Criminal Procedure. 2. The status report stands filed. I had gone through the police file on 15.11.2019 to the extent it was necessary for deciding the present petition and on the same day after going through the same, it was returned to the learned Additional Advocate General. 3. I have heard Mr. H.S. Rangra, learned Counsel, for the petitioner and Mr. Ashwani K. Sharma & Mr. Nand Lal Thakur, learned Additional Advocates General for the respondent-State. 4. The gist of the facts apposite to adjudicate the present bail petition is that the Medical Officer of Government Medical College, Ner Chowk in District Mandi, informed the police on 10.9.2019, at 8.57 p.m., that a patient with injuries of assault has come for treatment. On this information, police team comprising of ASI Balak Ram reached the hospital where the Doctors were attending to the victim Isha Sharma. The victim was accompanied by her mother Bhawna Sharma. After preliminary inquiry, the Investigating Officer recorded the statement of Bhawna Devi, mother of the victim, under Section 154 Cr.PC, relevant portion of which reads as follows: (a) She stated that she has two children, the victim being 10 years of age and a son of four years. She further stated that her younger sister Manu Kumari was married to Om Parkash (petitioner herein) who hails from the same village and is also related to her as nephew. She mentioned that the petitioner is serving in the Indian Army. (b) She further informed the police that the relationship between her sister Manu Kumari and petitioner Om Parkash was not cordial because he used to beat his wife. Fed up with such beatings Manu Kumari was staying in her maternal home. (c) She further mentioned that a Court case was also pending between Manu Kumari and Om Parkash and these days Om Prakash was on leave and had come home. Fed up with such beatings Manu Kumari was staying in her maternal home. (c) She further mentioned that a Court case was also pending between Manu Kumari and Om Parkash and these days Om Prakash was on leave and had come home. (d) She stated that on 10.9.2019 at 5 p.m., when she had gone to give fodder to the cattle and her daughter was alone at home then she heard the cries of her daughter and found that she was lying in the maize field. On reaching there the victim told her that the petitioner had come to their compound and had inquired from her as to whether she had received a phone call from her Mausi (mother's sister) and on this she told the petitioner that her mother i.e. the informant, had refused to divulge the details about her Mausi and her mother had also instructed her not to speak with the petitioner. She further told the petitioner to leave the place failing which she would call her mother. On this the petitioner took out a knife from his pocket and slit her throat on different portions. After this the petitioner lifted her and threw her in the maize field. (e) On this information, police registered FIR No. 269 of 2019, dated 10.9.2019, against the petitioner for the commission of offences punishable under Sections 451, 307 and 324 of the Indian Penal Code, 1860, in the file of Police Station Balh, Distt. Mandi, H.P. and conducted the requisite investigation. 5. On 11.9.2019, police arrested the petitioner and information of his arrest was given to his father as well as to his Battalion Headquarter. The police deleted Section 451 IPC and inserted Section 201 IPC on the ground of destruction of evidence of the weapon of offence i.e. the knife. 6. In the status report the Investigating Officer mentions that due to the injuries sustained by the victim she could not attend her school for around 23 days. 7. Apart from the others, one of the crucial factors while adjudicating the bail petition is also the nature of the violence inflicted to the victim. I have seen the police file which contains the MLC of the victim. The Doctor has specifically opined that there is an incised wound on the throat which is in the nature of slitting of throat caused by some sharp edged weapon. I have seen the police file which contains the MLC of the victim. The Doctor has specifically opined that there is an incised wound on the throat which is in the nature of slitting of throat caused by some sharp edged weapon. This MLC prima facie corroborates the version of the victim as well as her mother i.e. the informant. 8. Being Soldier, he would know the depth of the cut to make it fatal and might have refrained from killing. Prima facie, it appears that the estranged relations with his wife would have made him a sadist. Intending to traumatize the family of his estranged wife, the accused appears to have derived pleasure. Cruelty is one of the factors in deciding bails. A cruel person would create great insecurity in society. Once the Courts form a prima facie opinion that the accused acted with cruelty, then such an accused ordinarily should not be granted bail. 9. In view of the nature of the injuries, inflicted by the petitioner upon the victim, he is not entitled for the grant of bail. Resultantly, the present petition is dismissed. However, the dismissal of the present petition would not debar the petitioner from filing a fresh bail petition on changed circumstances. 10. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.