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High Court of Punjab and HaryanaCRM-M/20047/2018allowed

Harpreet Kaur v. State Of Punjab

2018-08-20Mr. Justice Augustine George Masih2 pages

CRM-M-20047 of 2018 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-20047 of 2018 Date of Decision: 20.08.2018 Harpreet Kaur ....Petitioner

VERSUS

State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. L.M. Gulati, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Davinder Lubana, Advocate for the complainant.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 438 Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No.81 dated 22.03.2018 registered for the offences punishable under Sections 306/34 of Indian Penal Code, at Police Station City Tarn Taran, District Tarn Taran.

Heard.

Learned State counsel on instructions from ASI Gurmeet Singh submits that petitioner has joined the investigation, which is still in progress and her custodial interrogation is no more required for the purpose of further investigation of the matter.

Learned counsel appearing for the complainant submits that petitioner was in family way and had gone for abortion without permission and consent of her husband (deceased-Manpreet Singh) and this was also JITENDER KUMAR 2018.08.20 16:53 I attest to the accuracy and integrity of this document Chandigarh one of the reason for him to take extreme step of committing suicide.

CRM-M-20047 of 2018 -2The matter is still under investigation. All the facts will be looked into by the police at investigation stage before reaching any conclusion. Mother and brother of petitioner named as accused have been found innocent by the police Keeping in view above facts but without expressing any opinion on merit of the case, this petition is allowed and order dated 11.05.2018 is made absolute till the presentation of challan, subject to the following terms:- (i) that petitioner shall make herself available for interrogation by the police as and when required; (ii) that petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against her so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) that petitioner shall not leave India without the prior permission of the Court.

(iv) that petitioner will seek regular bail on the presentation of challan in Court.

August 20, 2018 ( SURINDER GUPTA ) jk JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No JITENDER KUMAR 2018.08.20 16:53 I attest to the accuracy and integrity of this document Chandigarh