Ram Ishro & ANR v. State Of Haryana

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-22118 of 2016 .....

Date of decision:26.8.2016 Ram Ishro and another .....Petitioners v.

State of Haryana .....Respondent ....

Present:

Mr. Munish Mittal, Advocate for the petitioners. Mr. Vikas Chopra, Deputy Advocate General, Haryana for the respondent-State.

Mr. Ravinder Malik, Advocate for the complainant. .....

Inderjit Singh, J.

This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.472 dated 11.6.2016 registered for the offence under Section 306 IPC at Police Station Karnal Sadar, District Karnal.

Notice of motion has been issued in this case. Mr. Vikas Chopra, learned Deputy Advocate General, Haryana has put in appearance on behalf of the respondent-State and Mr. Ravinder Malik, learned Advocate has appeared for the complainant and contested this petition.

I have heard learned counsel for the petitioners as well as learned Deputy Advocate General, Haryana appearing for the respondentState and Mr. Ravinder Malik, learned counsel for the complainant and have

Cr. Misc. No.M-22118 of 2016 [2] gone through the record.

The FIR in this case was got registered by Ram Kumar, who stated that his younger son, namely, Vikram Kumar committed suicide by hanging himself on 11.6.2016 at about 3.00 p.m. As per the allegations in the FIR, the complainant's two sons, namely, Sunny Kumar and Vikram Kumar were married to real sisters. Wives of both the sons of the complainant stayed good with them only about one month and after that some dispute took place between them and parents of the girls came to their house after a month and took them to their home. It is further stated that after that they lodged case regarding dowry and the Court has passed an order to pay `1500-1500 by both the sons of the complainant.

It is also in the FIR that his sons were doing the work of labourer and were unable to pay `3,000/- per month because their income was very low and expenses are high. It has been stated that because of this harassment done by the present petitioners and other family members Vikram Kumar committed suicide. Learned counsel for the petitioners argued that there is no abetment to commit suicide by the present petitioners. Rather, from the perusal of the FIR, it looks that Vikram Kumar committed suicide by feeling aggrieved from the order of payment of maintenance. The petitioners have already joined the investigation. They are no more required for custodial interrogation. Nothing is to be recovered from them. The wife of Vikram Kumar is already residing with her parents due to matrimonial dispute.

Cr. Misc. No.M-22118 of 2016 [3] any opinion on the merits of the case, I find merit in this petition and the same is allowed. The interim order dated 4.7.2016 passed by this Court granting interim bail to the petitioners is made absolute. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions of Section 438 (2) Cr.P.C. August 26, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No