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High Court of Punjab and HaryanaCRM-M/52939/2019allowed

Bimla Devi v. State Of Haryana

2019-12-17Mr. Justice Hari Pal Verma3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-52939 of 2019 Date of Decision: 17.12.2019 Bimla Devi

...Petitioner (s)

Versus

State of Haryana

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Ram Pal Verma, Advocate for the petitioner.

Mr. Baljinder Singh Virk, DAG, Haryana.

***** HARI PAL VERMA, J. (Oral) Prayer in the present petition filed under Section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner, who is mother-in-law of the deceased, in case FIR No.309 dated 09.07.2019 under Sections 304-B/34 IPC registered at Police Station Ganaur, District Sonepat.

The aforesaid FIR was registered at the behest of Satbir Singh who is father of the deceased Priyanka. As per the FIR, the marriage between the son of the petitioner namely Vikas and daughter of the complainant namely Priyanka was solemnized about 9/10 months earlier to

Criminal Misc. No. M-52939 of 2019 -2registration of the FIR in question. As per the allegations so levelled in the FIR, the accused used to beat the daughter of the complainant for bringing insufficient dowry.

Learned counsel for the petitioner has argued that after registration of the FIR, the complainant-Satbir Singh and his wife Rani have submitted affidavits to the effect that pursuant to registration of the FIR, they have enquired the matter at their own end from various persons of the village and have come to a conclusion that their daughter Priyanka had committed suicide and none of the in-laws, including the petitioner, were involved in the death of their daughter. The petitioner is in custody since 10.07.2019.

Learned State counsel, on instructions from ASI Satish, does not dispute the custody of the petitioner. However, he submits that case is fixed before the trial Court for 07.01.2020 for examination of witnesses, where statement of the complainant in support of the allegations so levelled against the petitioner would be looked into.

I have heard learned counsel for the parties. Admittedly, the petitioner is in custody since 10.07.2019. Considering the affidavits dated 14.11.2019 (Annexure P-1 and P-2) submitted by the complainant Satbir, who is father of the deceased and Rani, who is mother of the deceased, this Court finds that since there is no likelihood that the complainant shall support the case of the prosecution and the trial in the case is not likely to be concluded in near future, I deem it appropriate to release her on regular bail.

Criminal Misc. No. M-52939 of 2019 -3Accordingly, the present petition is allowed and the petitioner is admitted on regular bail, subject to furnishing of bail bonds/surety bonds to the satisfaction of trial Court.

December 17, 2019 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No