Sakshi Rani And Another v. State Of Punjab

 Sr. No.213

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-45516-2024 (O&M) Date of decision: 18th September 2024 SAKSHI RANI AND ANOTHER ........Petitioners versus STATE OF PUNJAB .......Respondent

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Anupan Singla, Advocate for the petitioners.

Ms. Sakshi Bakshi, AAG, Punjab.

HARPREET KAUR JEEWAN, J.

1.

By way of filing the present petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner is seeking regular bail in case FIR No.54 dated 02.06.2024, under Section 306 IPC, 1860, registered at Police Station Dhuri, District Sangrur.

2.

As per the allegations in the FIR, the marriage of the victim was solemnized 12 years prior to the alleged occurrence. Two daughters were born out of the wedlock. The present case has been registered at the instance of Raman Goyal, who is the nephew of the victim, with the allegations that the petitioners used to harass and beat the victim on the ground that she has not given birth to a male child. As per the version of the complainant, on 02.06.2024, at 12:37 PM., the victim made a phone call from the mobile phone of her mother-in-law to the mother of the complainant alleging that she is being beaten up and she solicited help. The complainant, along with his mother, reached the house of the victim and found that there was darkness inside the room and the victim was lying on the floor. The body of the victim was burnt and froth was coming out of her mouth. Petitioner No.1-

Sakshi Rani, who is the mother-in-law of the victim, along with another relative, was sitting on the cot but she did not make any effort to set out the fire. By the time the complainant and his mother set out the fire by sprinkling water, the victim had already expired. It has been further alleged that the victim had committed suicide by setting herself on fire as she was being harassed by her husband-Jinesh Mittal, mother-in-law/Sakshi Rani (petitioner No.1) and brother-in-law/Rohit Mittal (petitioner No.2), along with their other relatives. 3.

Learned counsel for the petitioners contends that the petitioners have been falsely implicated in the present case. The victim had two daughters aged about eight years and four years. The allegations of abetment of suicide are highly improbable. It is also highly improbable that after so many years of marriage and despite their being two daughters of the victim, the petitioners would harass the victim for not giving birth to a male child.

3.1 It is further contended that Krishan Chand, who is the husband of petitioner No.1 (father-in-law of the victim), died due to heart attack when he received the information about the present occurrence and DDR No.18, dated 02.06.2024 was got recorded. Petitioner No.1 is an old lady and petitioner No.2 was separately residing from the house of the victim. 4.

Learned State counsel has opposed the present petition on the ground of gravity of allegations levelled against the petitioners. It has been further submitted that charges are yet to be framed and statement of the complainant is yet to be recorded.

4.1 Learned State counsel has filed custody certificate of petitioner-Siksha Devi @ Shiksha (Sakshi Rani) dated 17.09.2024, reflecting her period of custody as 03 months and 03 days, which is taken on record.

 5.

I have heard learned council for the parties and perused the relevant documents.

6.

There are specific allegations against petitioner No.1 that she was present on the spot at the time of alleged occurrence, yet she did not make any effort for saving the victim. There are also specific allegations against petitioner No.2. Charges are yet to be framed and statement of the complainant is yet to be recorded during the trial.

7.

Keeping in view the above facts and in view of the gravity of allegations levelled against the petitioners, no ground is made out to release the petitioners on regular bail at this stage.

8.

Consequently, the present petition stands dismissed. 9.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE 18th September 2024 simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No