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High Court of Punjab and HaryanaCRM-M/46677/2022disposed of

Raman Bhatia Alias Raman Kumar And ANR v. State Of Punjab

2023-12-21Mrs. Justice Alka Sarin3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision : 21.12.2023 Raman Bhatia alias Raman Kumar and Another ....Petitioners

VERSUS

State of Punjab ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Raman Kumar, Advocate for Mr. Rajeev K. Kapila, Advocate for the petitioners. Mr. Adhiraj Singh Thind, AAG Punjab.

Mr. Vishal Sharma, Advocate for the complainant. ALKA SARIN, J. (Oral) 1.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioners in FIR No.154 dated 24.09.2022, registered under Section 498-A and 120-B of the Indian Penal Code, 1860 at Police Station City Batala, Police District Batala District Gurdaspur.

2.

Learned counsel for the petitioners states that in the present FIR Section 406 IPC has been added later on and prays that on his oral request Section 406 IPC may be added in the headnote as well as in the prayer clause of the main petition. He further states that an application being CRM52411-2023 has already been filed in the connected petition being CRM-M55299-2022 filed by the co-accused, namely, Amit Bhatia, for addition of

Section 406 IPC. It has further been stated that the present petitioners are also the accused in the same FIR.

3.

Learned State counsel as well as learned counsel for the complainant state that they have no objection if Section 406 IPC is added in the present petition on the oral request of learned counsel for the petitioners. 4.

On the oral request of learned counsel for the petitioners, Section 406 IPC is ordered to be added in the headnote as well as in the prayer clause of the petition. Registry to make necessary addition/correction in the headnote as well as in the prayer clause of the main petition. 5.

On 14.11.2022 the following order was passed : "Present petition is under Section 438 Cr.P.C. for seeking anticipatory bail to the petitioners in case FIR No.154 dated 24.09.2022, registered under Section 498A/120-B IPC, 1860 at Police Station City Batala, District Batala.

Learned counsel for the petitioners contend that petitioner No.1 and petitioner No.2 are the father-in-law and mother-in-law respectively of the complainant. The marriage of the complainant was solemnized with the son of the petitioners on 29.07.2020. The dispute between the parties had arisen as the complainant had concealed the fact of her earlier marriage when her marriage was solemnized with the son of the petitioners. Even, at the earlier instance, an amicable settlement was effected between the son of the petitioners and the complainant.

Notice of motion.

Ms. Ruchika Sabherwal, AAG, Punjab accepts notice on behalf of the respondent-State.

Adjourned to 19.01.2023.

Meanwhile, it is directed that in the event of arrest, the petitioners be admitted on interim bail on furnishing bail bonds to the satisfaction of the Arresting Officer subject to the condition that they join the investigation and comply with other conditions as specified under Section 438(2) Cr.P.C."

6.

Learned counsel for the petitioners states that the petitioners have since joined the investigation and fully cooperated. 7.

Learned State counsel on instructions from SI Balraj Singh has stated that the petitioners have since joined investigation and fully cooperated and that they no longer required for further custodial interrogation as of now.

8.

In view of the above, the order dated 14.11.2022 is made absolute. The petitioners shall, however, join investigation as and when called. The petitioners shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973. 9.

Disposed off accordingly. Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 21.12.2023 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO