Rajan Kumar Bansal v. State Of Punjab

GAURAV ARORA 2016.11.22 11:20 Crl. Misc No. M-5209 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc No. M-5209 of 2016 Date of decision : 16.11.2016 Rajan Kumar Bansal ....Petitioner versus State of Punjab and another

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. P.S. Ahluwalia, Advocate for the petitioner.

Ms. Manpreet Dhaliwal, AAG, Punjab Mr. Arihant Jain, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) Prayer in this petition is for grant of anticipatory bail to the petitioner, in a case arising out of F.I.R No. 99 dated 18.09.2015 under Sections 498-A/406 IPC, registered at Women Police Station, District Patiala. Learned counsel for the petitioner submits that all the family members of the petitioner have been implicated in the case. The marriage of the petitioner was solemnized with the complainant in the year 2011 and the present FIR has been registered after a gap of more than 41⁄2 years. The dispute arose between the parties due to temperamental differences. Earlier, the matter was referred to Mediation and Conciliation Centre but the same was not settled. The complainant is residing separately since July 2012. The petitioner is ready to settle the dispute with the complainant and just to show his bonafide, he is ready to deposit the arrears of maintenance, if any and to deposit the litigation expenses.

Petitioner has offered Rs.7 lacs to the complainant towards full and final settlement, which the complainant has refused to accept and stated

Crl. Misc No. M-5209 of 2016 that she wants to go back to her matrimonial house along with her husband. Learned counsel for the petitioner submits that in compliance of order dated 12.02.2016, petitioner has deposited about Rs.2.5 lacs to clear the arrears of maintenance including Rs.50,000/- towards litigation expenses. Learned State counsel on instructions from the Investigating Officer submits that the petitioner joined the investigation and is no longer required for custodial interrogation.

In view of the totality of the facts and circumstances of the case, order dated 12.02.2016 passed by this Court whereby the ad-interim anticipatory bail was granted to the petitioner is made absolute, subject to the condition that the petitioner shall deposit a F.D of Rs.3 lacs before the trial Court in the name of the complainant within a period of one month. The petitioner shall continue to join the investigation as and when required to do so and abide by all the conditions as envisaged under Section 438 (2) Cr.P.C. The decision with regard to release of the above said amount will be seen by the trial Court at the final stage.

However, the petitioner is at liberty to file fresh bail bonds after presentation of the challan.

Accordingly, the petition stands disposed of. 16.11.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No