Ravinder Kaur vs State Of Punjab on 13 September, 2017

CRM No.M-25352 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No.M- 25352 of 2017(OM)
Date of Decision: September 13 , 2017.

Ravinder Kaur …… PETITIONER (s)

Versus

State of Punjab …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Avtar Singh Bhatti, Advocate
for the petitioner.

Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Arshdeep Singh Brar, Advocate
for the complainant.
*****
1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
*****

LISA GILL, J.

Petitioner who is the unmarried sister-in-law of the complainant

seeks the concession of anticipatory bail in FIR No.76 dated 17.06.2017 under

Sections 307/498A/406/323/34 IPC registered at Police Station Sadar Faridkot,

District Faridkot.

It is contended that the petitioner has necessarily been involved in

this case merely because of her relationship with the complainant’s husband.

Allegations qua the petitioner in the aforementioned FIR are patently false. The

petitioner is, in fact, a student pursuing B.Sc. (Nursing) at Baba Banda Bahadur

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CRM No.M-25352 of 2017 [2]

College of Nursing, Faridkot. She has nothing to do with the matrimonial

dispute between the complainant and her husband. There is no question of any

demand of dowry by the present petitioner. It is further submitted that petition

under Section 13 of the Hindu Marriage Act, 1955 (for short, the ‘HMA’) was

filed by her brother i.e., complainant’s husband on 16.05.2017 (Annexure P2)

prior to the registration of the FIR in question on 17.06.2017. Moreover, the

petitioner has joined investigation pursuant to interim order dated 24.07.2017.

No recovery is to be effected from her. It is thus prayed that this petition be

allowed.

Learned counsel for the complainant while opposing this petition

submits that there are specific allegations against the petitioner. Moreover,

petition under Section 13 HMA filed by the complainant’s husband has been

filed only with a view to create a defence. It is submitted that there is

conversation between the petitioner’s brother and the mediator of the marriage to

reflect the same.

Be that as it may, it is not in dispute that the petitioner is indeed the

unmarried sister-in-law of the complainant pursuing B.Sc. (Nursing) at Baba

Banda Bahadur College of Nursing, Faridkot

Learned counsel for the State, on instructions from ASI Kulwinder

Singh, informs that the petitioner has joined investigation pursuant to interim

order dated 24.07.2017. However, certain gold articles, it is stated, are to be

recovered from the petitioner.

It has been held by this Court in Prit Pal Singh versus State of

Punjab and another, 2014 (5) RCR (Criminal) 771 that the concession of

anticipatory bail should not be denied merely on the ground of certain recoveries

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CRM No.M-25352 of 2017 [3]

to be effected.

There are no allegations on behalf of the State that the petitioner is

likely to abscond or that she is likely to dissuade the witnesses from deposing

true facts in the Court, if released on bail.

Keeping in view the facts and circumstances as above but without

commenting upon or expressing any opinion on the merits of the case, this

petition is allowed. Consequently, order dated 24.07.2017 is made absolute.

It is clarified that none of the observations made hereinabove shall

be construed to be a reflection on the merits of the case. The same are solely

confined for the purpose of decision of the present petition.

( LISA GILL )
September 13 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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