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High Court of Punjab and HaryanaCRM-M/16334/2018allowed

Varun Verma v. State Of Haryana

2018-07-11Mr. Justice Jasgurpreet Singh Puri3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 11.07.2018 Varun Verma

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Shiv Charan Bhola, Advocate for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

**** JAISHREE THAKUR, J. (ORAL) This is a petition that has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No. 104 dated 13.03.2018 registered under Sections 406, 498-A, 354, 377, 506, 34 IPC at Police Station Kundli, District Sonipat.

This Court was pleased to pass the following order on 20.04.2018 :- "Instant petition is being filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner who has been summoned as an accused in case FIR No.104 dated 13.03.2018 under Sections 406, 498-A, 354, 377, 506 and 34 IPC, registered at Police Station Kundli, District Sonipat, Haryana.

Learned counsel appearing on behalf of the petitioner contends that for the first time all these allegations have been brought up. In fact complainant

-2had filed a petition under Section 125 Cr.P.C. for grant of maintenance in which no such allegation had been raised regarding demand of dowry, cruelty, offences under Section 377, 354, 377 or 506 IPC. Furthermore, an earlier petition had also been filed under Section 13 (i-a) of the Hindu Marriage Act seeking dissolution of the marriage by a decree of divorce which were silent to any of the aforesaid offences.

The petition filed under Section 13(i-a) of the Hindu Marriage Act was withdrawn. Subsequently a petition under Section 13-B of the Hindu Marriage Act was filed, in which the joint statement was recorded and it had been decided by mutual consent to part-ways and that the petitioner herein would pay a sum of Rs.10,000/- per month as maintenance allowance for the minor child. It is submitted that even then no such allegations have been made.

Counsel for the petitioner submits that no recoveries are to be made and he is ready to join investigation.

Notice of motion 11.07.2018.

Meanwhile, the petitioner is directed to join the investigation within a period of one week and on his doing so, the petitioner be released on interim bail subject to his furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer. However, the petitioner shall continue to join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438

(2) Cr.P.C. "

Learned counsel for the petitioner submits that the petitioner has joined the investigation.

-3Learned counsel for the respondent-State confirms the factum of joining investigation by the petitioner .

Since the petitioner has joined the investigation, the instant petition is allowed and interim order dated 20.04.2018 is hereby made absolute subject to the condition that the petitioner will not tamper with evidence or hamper the investigation; will not leave India without permission of the Court and will comply with the conditions contained in Section 438(2) Cr.P.C.

11.07.2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned Yes.

Whether reportable No.