Tarandeep Singh v. State Of Punjab And Another
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision :08.05.2023 Tarandeep Singh ...... Petitioner V/S State of Punjab and Anr.
..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present:
Mr. Rishu Mahajan, Advocate for the petitioner. Mr. Kunwarbir Singh, Assistant A.G. Punjab.
Mr. Gagandeep Singh Sirphikhi, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) The petitioner-Tarandeep Singh has filed the instant petition under Section 438 Cr.P.C. seeking anticipatory bail in FIR No. 101 dated 30.09.2022, registered under Sections 406, 498-A, 506 of IPC, at Police Station Fatehgarh Churian, District Batala.
The facts of the case are that the complainant- Parneet Kaur has filed written complaint against her husband-Tarandeep Singh and others alleging that she got married with Tarandeep Singh on 24.12.2017. At the time of marriage, her father had given dowry beyond his financial capacity. He had given LED, washing machine, clothes and other household articles. She was also given gold ornaments as well as gold ornaments for her husband and other family members. Her parents had spent Rs.12 Lacs on her marriage. Her husband was holding 15 Kilas of land. Her father-in-law-Narinderpal Singh is partially blind. The entire work is looked after by her husband. After reaching matrimonial home she came to know that their fruit business had closed. There was no domestic help in the house. She was ill-treated in
-2the matrimonial home for their demand of car. She expressed inability of her father to give a car. Whenever, she enquired anything she was told not to interfere. She was beaten up by her husband. She tolerated their behaviour as she did not want to trouble her parents. For a period of 1 1⁄4 years she has no child. She was taken to Lal Hospital Amritsar for medical treatment. In May, 2019 she came to her parental house with the consent of her husband. Thereafter, her parents received a call not to send her back in the matrimonial home. On 20.06.2019, her parents along with other family members took her back in the matrimonial home but they insisted on their demand. Ultimately, she was taken back in the matrimonial home with their conditions. Their maltreatment in the matrimonial home continued.
During this period she conceived and was advised bed rest. Ultimately, she suffered miscarriage. She has narrated an incident of 01.05.2022 when accused No.1 had poured a cup of tea on her. She was medically examined. Ultimately, the matter was reported to the police and the present FIR has been registered. Learned counsel for the petitioner argued that the allegations levelled against him are false. He has already joined the investigation. The dowry articles are also recovered. The allegations of cruelty are false. He is ready to abide by the terms of the bail order. Therefore, his anticipatory bail application may be allowed. Learned State counsel has filed detailed status report confirming that the petitioner joined the investigation on 17.11.2022 and 01.02.2023.
The dowry articles were also recovered (recovery memo is Anneuxre R-2/T). However, it is submitted that gold ornaments of 20 tolas and cash of Rs.3,27,000/- are yet to be recovered. I have considered the arguments and have gone through the record carefully.
-3recovery memo. The entrustment of 20 tolas of gold and cash of Rs.3,27,000/- is matter of trial and it will be decided after recording of evidence. As for now the petitioner is not required for any other purpose. Therefore, the anticipatory bail application filed by the petitioner is allowed. He be not arrested, in case of his arrest, he be released on bail to the satisfaction of Arresting Officer/Investigating Officer subject to the conditions enshrined under Section 438(2) Cr.P.C. The petition is accordingly accepted.
(AMARJOT BHATTI ) JUDGE 08.05.2023.
Sunil Devi Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No