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2020 DIGILAW 1505 (PNJ)

Anju Verma v. State of Punjab

2020-08-05

FATEH DEEP SINGH

body2020
Judgment Mr. Fateh Deep Singh, J. (Oral):- The matter has been taken up through video-conferencing on account of lockdown due to outbreak of pandemic COVID-19. 2. Petitioner Anju Verma is accused in case bearing FIR No. 80 dated 07.07.2020 under Sections 306 and 34 IPC registered at Police Station Daba has come up in this first anticipatory bail application under Section 438 Cr.P.C. 3. The present case was got registered by Ashwani Kumar. It is alleged by the complainant that his brother Mohan Lal had died and his widow Krishna Devi alongwith his son Manish Kumar @ Babbu (both deceased) were residing in a tenanted premises at Ludhiana. Manish Kumar @ Babbu was got married with Mamta (now dead) on 29.09.2017, who happens to be sister of the petitioner. It is during the course of events, Mamta fell ill and died on 19.06.2020 at P.G.I. Chandigarh. It is alleged that his nephew Manish Kumar @ Babbu and mother-in-law Krishna Devi were manhandled by his father-in-law Jagdev Singh, mother-in-law Raj Rani and others. In all 13 persons including petitioner were close relations of the deceased Mamta. On 6th July, 2020 around 07.30 p.m., the complainant came to know that Krishna Devi and Manish Kumar @ Babbu have committed suicide at their residence by hanging themselves leading to the registration of the present case against all the 13 relatives of the accused. 4. Mr. Ravi Kant Sharma, learned counsel for the petitioner inter alia contends that the petitioner has no role to play in the death of the duo as she happens to be married sister of deceased Mamta residing at a far off place. It is claimed that there is neither specific role against the petitioner in the commission of the offence nor she can be reasonably connected with and the only allegations are vague and ambiguous and, therefore, offence under Section 306 IPC does not stand attributed. 5. Mr. Amit Mehta, Sr. DAG, Punjab appearing for the State has submitted that the police had recovered suicide note and that there are clear cut allegations of humiliation of the mother and the son at the hands of the accused and in view of heinousness of the offence disentitles her to any relief. 6. Giving a deep thought to the arguments and the records none of the allegations attracts offence of abetment to suicide or are prima facie there. 6. Giving a deep thought to the arguments and the records none of the allegations attracts offence of abetment to suicide or are prima facie there. It is fairly conceded at the bar by the learned State counsel that till date, there is nothing suggestive in whose writing/under whose signatures, the suicide note is there and which has not been sent to any expert. All what one can gather that on account of financial distress and other circumstances consequent upon the death of Mamta, there has been confrontation between the parties and the complainant does not claim any personal knowledge of the events leading to these deaths. The petitioner is a married lady with kids, nothing is to recovered from her and her joining investigation would suffice the purpose. Accordingly, the petitioner is directed to appear before the investigating officer within a period of 15 days from the date of receipt of certified copy of this order and on her doing so, she shall be released on bail to the satisfaction of the arresting/investing officer till submission of report under Section 173 Cr.P.C. (challan). The petitioner shall continue to join investigation and shall furnish an undertaking that she shall abide by the conditions specified under Section 438(2) Cr.P.C. Thereafter, she will be permitted to furnish regular bail bonds to the satisfaction of the trial Court. 7. The petition stands disposed of, accordingly.