Krishna Devi v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-40663 of 2022 Date of decision :-12.07.2023 Krishna Devi .....Petitioner

Versus

State of Haryana .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Namit Khurana, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

NIDHI GUPTA J. (Oral) The petitioner is seeking anticipatory bail in FIR No.118 dated 11.5.2022, under Section 304-B read with Section 34 IPC, registered at Police Station Sadhaura, District Yamuna Nagar. On 06.12.2022, this Court had passed the following order :- "Status report by way of an affidavit of Deputy Superintendent of Police-3, Yamuna Nagar has been filed on behalf of State-respondent, which is taken on record. Copy has been supplied to the counsel for the petitioner.

By referring to the allegations levelled in the FIR, Annexure P-1,counsel for the petitioner submits that although there is an allegation against the petitioner, who is 74 year old motherin-law of the deceased, that she has harassed her on account of dowry, but prior to the registration

of the FIR, no complaint was ever made in this regard. He submits that it was the second marriage of petitioner's son with the deceased, who had been married twice earlier. Reference has also been made by the counsel to the prescription slip Annexure P-2, which has been verified by the State, to submit that the petitioner is on medication for insomnia, depression and she has suicidal tendency. Still further, he submits that Sanjeev Kumar, husband of the deceased, is in custody. List on 12.07.2023.

Petitioner is directed to join investigation on 12.12.2022 at 11.00 A.M. at Police Station Sadhaura, District Yamuna Nagar and co-operate with the Investigating Agency. In the event of arrest, she shall be admitted to interim bail on furnishing personal and surety bonds to the satisfaction of Arresting/Investigating Officer. She shall also abide by the conditions as specified under Section 438 (2) Cr. P.C."

Learned State counsel, on instructions from PSI Vishal states that in terms of the order passed by this Court, reproduced above, the petitioner has joined the investigation and no further interrogation is required at this stage.

In view of the above, the order dated 06.12.2022 granting interim bail to the petitioner is made absolute. However, the petitioner shall abide by the conditions stipulated under Section 438(2) Cr.P.C. He shall also join the investigation and cooperate with the investigating agency in case he is required for the same in future as and when called upon to do so.

In case at any given point of time hereinafter, it is felt by the investigating agency that the petitioner is required for the investigation but is not cooperating, they will be at liberty to approach this Court for passing appropriate orders.

The petition stands disposed of.

July 12, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No