Avtar Singh v. State Of Punjab




 



 

  

 



 

  

 



 

  

 



 

 

   
   
   
  




 



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1.

Petitioner has filed instant petition under Section 482 of *$6
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!8 for grant of anticipatory bail in FIR No.103 dated 13.07.2024 (Annexure P-1) under Sections 498-A, 406 and 120-B of IPC registered at Police Station Nihal Singh Wala, Moga, Punjab.
2.

As per facts of the case, Jamla Singh filed written complaint alleging that he had performed marriage of his daughter Veerpal Kaur with Avtar Singh about 2 years ago. He had given dowry articles as detailed in the FIR. After about one month of marriage, they started harassing his daughter on account of their demand for motorcycle. Complainant was unable to meet their demand for motorcycle as he was having five daughters. Maltreatment continued in the matrimonial home and finally complaint was filed on the basis of which present FIR has been registered.


3.

Learned counsel for the petitioner argued that allegations levelled against him and his family are false. Petitioner is ready to join the investigation. Petitioner was granted interim relief and he is ready to cooperate with the investigating agency. Dowry articles are already recovered. It is submitted that his anticipatory bail petition may be allowed. 4.

Bail petition is opposed by learned counsel representing State. As per status report, facts narrated in the FIR are confirmed. It is pointed out that petitioner and his family harassed the daughter of complainant on account of their demand of cash of Rs.50,000/- as petitioner wanted to purchase the motorcycle. Complainant had transferred Rs.10,000/- in the account of petitioner but even then he was dissatisfied. Co-accused Baljit Kaur was arrested on 22.08.2024. In supplementary status report, it is confirmed that dowry articles were recovered vide recovery memo dated 24.08.2024. It is alleged that some of the dowry articles are yet to be recovered.

5.

I have considered the arguments and have gone through the record carefully. Petitioner was granted interim relief. He is ready to cooperate with the investigating agency. Allegations and the stand taken by the petitioner is matter of trial. On arrest of Baljit Kaur, dowry articles were recovered vide recovery memo dated 24.08.2024. So far as remaining dowry articles are concerned, entrustment and its misappropriation is matter of trial. No purpose would be served by sending the petitioner behind the bars. Considering the aforesaid factual position, anticipatory bail petition filed by petitioner is allowed. He be not arrested. In case of his arrest, he be released on bail to the satisfaction of Arresting/Investigating Officer

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concerned, subject to condition that petitioner will join investigation as and when required. He will not tamper with or interfere with investigation and will not leave country without prior permission as provided under Section 482 (2) of BNSS, 2023.

      

      

   

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