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High Court of Punjab and HaryanaCRM-M/52505/2018allowed

Sudhir Kumar And ANR. v. State Of Haryana

2021-08-10Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-52505-2018 Decided on : 10.08.2021 Sudhir Kumar and another . . . Petitioner(s)

Versus

State of Haryana and another . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. N.K. Malhotra, Advocate, for the petitioner(s).

Ms. Tanushree Gupta, DAG, Haryana assisted by ASI Bhim Singh.

Mr. Jagtar Kureel, Advocate for respondent No.2 (complainant) **** MANJARI NEHRU KAUL, J. (Oral) The present petition has been filed under Section 438 Cr.P.C., for grant of anticipatory bail to the petitioners, in case FIR No. 393, dated 18.10.2018, under Sections 323, 354, 377, 406, 498-A and 506 read with Section 34 of IPC, Police Station City Dadri. Learned counsel for the petitioners states that pursuant to order dated 29th November, 2018, passed by this Court, the petitioner have joined investigation.

Learned State counsel on instructions from ASI Bhim Singh, has submitted that though the petitioners have joined investigation, however, recovery of certain dowry articles, which were entrusted to the petitioners at the time of marriage have not yet been effected.

Heard.

A perusal of the contends of the FIR in question reveals that no such details have been given with respect to the demand and entrustment of any dowry articles to the petitioners. Moreover, the question of demand and JAWALA RAM 2021.08.11 12:00 I attest to the accuracy and integrity of this document

CRM-M-52505-2018 - 2 - entrustment of the dowry articles are disputed questions of fact, which would be considered during trial.

In view of the above, the petition is allowed and interim order dated 29th November, 2018, is made absolute subject to the conditions laid down in Section 438(2) Cr.P.C.

(MANJARI NEHRU KAUL) JUDGE August 10, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.08.11 12:00 I attest to the accuracy and integrity of this document