Mirjashad Alias Nijja v. State Of Haryana
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The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in FIR No.142 dated 27.06.2024 under Sections 302/201/34 IPC registered at Poice Station Dhauj, Faridabad. 2.
The FIR in the present case was registered on the basis of statement made by Tahir son of Ishav Khan and the same has been reproduced below:- "To, The SHO Sahib, Police Station Dhauj Faridabad, Sir, it is requested that I Tahir son of Ishab Khan is permanent resident of village Dhauj and I am working as driver in Dubai since last 13 years. I have eight children. Out of which, four boys, four daughters. Elder daughter is Sarjina, then Anjila, Parvina, Sumaiya and boys are Wajib, Mujahid, Arsalan and Aaran. I have got solemnized the marriage of my two elder daughter and remaining children live in village Dhauj with my wife Hanifa. At
around one year ago, my friend told me that my daughter Parveena age 17 years had gone with one boy of my village and the respectable of the village got compromised the matter of both the parties and my daughter Parveena was handed over to my wife Hanifa. Around one month ago, my younger son Mujahid telephonically called me and asked that my mother Hanifa, my aunt (Mosi) Ruksina in collusion with uncle (Mosa) Jafruddin s/o Ilyas village Dhauj and my maternal uncle (Mama) Nijja resident of Chadanhula Delhi has killed Parveena and buried in the room constructed in the house. Upon which, on 30.05.2024, I sent complaint from Saudi Arab through Email to search my daughter Parveena. I came to know that my daughter Parveena has found to be buried in the house.
I have suspicion that at around 11 months ago, my wife Hanifa, Ruksina, Jafruddin and my brother-in-law Nijja has killed my daughter Parveena so that nobody could know about this. Now I have come for proceeding and I have given my complaint. Kindly take strict legal action and justice be given to me and I shall be highly thankful to you. Thanking You. Sd/- Tahir. Applicant-Tahir 0572640019."
3.
Learned counsel for the petitioner contends that the FIR in the present case was got registered by Tahir on the basis of information supplied to him by his son Mujahid, around one month prior to registration of the FIR. He further submits that in fact Mujahid had not supplied any information to the complainant and all the accused had been named by the complainant only on the basis of suspicion. He further submits that Tahir was having strained relations with his wife Hanifa and the petitioner has been falsely involved by the complainant as he is brother of Hanifa. Otherwise, the petitioner is maternal uncle of the deceased and had been
residing separately in Delhi. Even he was having business in Delhi and had no concern with the allegations levelled in the FIR. Even otherwise, the FIR has been registered by the complainant after about eleven months of disappearance of his daughter, namely, Parveena. 4.
On the other hand, learned counsel for the has vehemently opposed the submissions made by the learned counsel for the petitioner by submitting that it is a case of honour killing as Parveena, aged about 17 years, had gone with a boy of their village and the respectables of the village had got the matter compromised and the custody of Parveena was handed over to Hanifa, her mother. Even thereafter, the accused were threatening Parveena and about one year ago, they had killed Parveena and buried her in the room constructed in the house itself. Learned State counsel further submitted that even the dead body of Parveena was exhumed from a place under the tin shed inside the house in the presence of a Duty Magistrate and post-mortem was got conducted. Even co-accused Hanfa, Wajib and Mujahid were arrested and they had disclosed about the involvement of the petitioner in the crime.
5.
I have heard the learned counsel for the parties and perused the case file minutely.
6.
In the present case, Tahir, who was residing abroad, had informed the police that his daughter Parveena was missing from home and she had been killed by Hanifa, Ruksina, Jafruddin and the petitioner. Even the dead body/Skelton of Parveena was recovered from a tin shed in the house of Hanifa, sister of the petitioner. Even otherwise, the investigation in the present case is at nascent stage and custodial interrogation of the
petitioner would be required keeping in view the peculiar facts and circumstances of the present case.
7.
In view of the above, the instant petition stands dismissed.
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