Prince Kumar Syal v. State Of Punjab

2023:PHHC:060420 CRM-M-9006-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-9006-2023 Date of Decision:- 27.04.2023 Prince Kumar Syal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:- HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr. Manoj Kumar, Advocate for the petitioner. Mr. Kunwarbir Singh, Assistant A.G. Punjab.

**** AMARJOT BHATTI, J. (Oral) The petitioner - Prince Kumar Syal has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in FIR No. 287 dated 19.12.2022 under Section 406, 498-A of IPC, registered at Police Station City Moga, District Jalandhar.

The facts of the case are that Bindu Puri Syal filed written complaint against her husband and in-laws family alleging that her marriage was solemnized with Prince Syal on 31.01.2013. The marriage was performed by her parents beyond their capacity. The parents of complainant had given 20 tolas of gold and one chain, one kada, one diamond ring, bracelet and cash of Rs. 51,000/- to Prince Syal. The furniture and other household articles were also given. The other family members were also given jewellery and cash amount. The husband of the complainant used to say that she should take her share in the property at Moga as he wanted to expand his business and further wanted to settle abroad. The complainant was M.Sc Maths and B.Ed qualified. It was LALIT SHARMA 2023.04.29 10:04 I attest to the accuracy and integrity of this document

2023:PHHC:060420 CRM-M-9006-2023 -2stated that Prince Syal was B.A. passed. After marriage, she was not given her istridhan for her use. She was ill-treated for not giving birth to a child. Whenever, she fell sick, she was not given proper medical treatment. She has narrated various incidents which took place in the matrimonial home. Her husband was unhappy with her for not giving birth to a child. With these allegations, present FIR has been registered. The learned counsel for the petitioner argued that he has already joined the investigation and handed over the dowry articles. He is not required for any other purpose. He will abide by the terms of bail order. It is prayed that his anticipatory bail application may be allowed. The status report is filed.

In the status report, it is conceded that the petitioner has joined the investigation on 02.03.2023 and copy of DDR No. 32 dated 12.04.2023 alongwith copy of recovery memo is placed on record, according to which the gold ornaments etc. have been recovered. It is confirmed that he is not required for any other purpose. Considering the aforesaid facts, no custodial interrogation is required as the petitioner has joined the investigation and dowry articles are also recovered. Therefore, the anticipatory bail application filed by the petitioner - Prince Kumar Syal is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/ Investigating Officer, subject to the conditions enshrined under Section 438(2) Cr.P.C.

The petition is accordingly, accepted.

27.04.2023 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No LALIT SHARMA 2023.04.29 10:04 I attest to the accuracy and integrity of this document