Ravinder Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.58962 of 2023 (O&M) DATE OF DECISION : 23.11.2023 Ravinder Kumar .....Petitioner versus State of Haryana .....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Nitish Yadav, Advocate for the petitioner ALKA SARIN, J. (Oral):

1.

This is a petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.198 dated 02.11.2023 under Sections 324, 354, 452, 506 of the Indian Penal Code, 1860 registered at Police Station City Kanina, District Mahendergarh. 2.

The FIR was lodged on the statement of complainant who stated that on 01.11.2023 her husband had gone out for some work. At that time the petitioner, namely, Ravinder Kumar, entered into her house and started behaving inappropriately with her. She raised an objection and narrated the incident to her husband telephonically upon which Ravinder Kumar (petitioner herein) went out angrily and returned with a knife with

CRM-M-58962-2023 - 2 - which he gave 4-5 knife blows to her. He also extended a threat to kill her if she would not obey him. However, the husband returned home and Ravinder Kumar (petitioner herein) fled from the spot. 3.

The statement of the complainant was recorded under Section 164 CrPC. The complainant was medically examined on the same day i.e. 01.11.2023 at 4.25 pm at Civil Hospital, Mahendergarh. In the MLR, it has been stated that the complainant received three incised wounds - two on the left arm and one on the right arm.

4.

Learned counsel for the petitioner would contend that the incident happened due to a dispute between the parties and that the parties are related to each other, the petitioner being brother-in-law of the complainant and that they are residing in the same house. 5.

Learned counsel for the State, on instructions from ASI-Sneh Lata, has stated that the petitioner brutally attacked the complainant and she received the following injuries as stated in the MLR, a copy of which has been handed over in Court :

"1. Incised wound on Lt. arm of size approx. 5cm x 1cm 2.

Incised wound on Lt. arm of size approx.2cm x 0.5 cm 3.

Incised wounds over Rt. Arm near wrist of sizes approx. 5cm x 1 cm and 4 cm x 1 cm"

6.

Heard the learned counsel for the parties.

7.

Three incised wounds were received by the complainant which were inflicted with a knife. The petitioner herein appears to have brutally

CRM-M-58962-2023 - 3 - attacked the complainant and later fled away from the scene. Though the counsel for the petitioner has argued that the parties are related and that the incident took place because of a dispute, the fact that the complainant was brutally attacked and received three incised wounds cannot be lost sight off. 8.

In view of the nature of allegations and the injuries received by the complainant, I do not find this to be a fit case for grant of anticipatory bail to the petitioner. The petition is accordingly dismissed. Pending applications, if any, also stand disposed off. 9.

It is made clear any observations made herein shall not be treated as an expression of opinion on the merits of the case. 23.11.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO