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Pintu vs State Of Haryana on 29 January, 2018

235 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No. M- 2089 of 2018 (OM)
Date of decision : January 29, 2018

Pintu …..Petitioner

Versus
State of Haryana ….Respondent

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Shranav Katyal, Advocate for the petitioner.

Mr. Anmol Malik, AAG, Haryana.

***

LISA GILL, J.

This is the petitioner’s second petition for bail pending trial in

FIR No. 09 dated 12.02.2017 registered under Sections 304B, 34 IPC and

Sections 498A, 302 IPC added later at Police Station Karnal, District GRP,

Ambala Cantt. His first petition for bail pending trial was dismissed as

withdrawn on 27.07.2017.

It is submitted that the petitioner has been falsely implicated in

this case. No demand of dowry was ever raised. The petitioner’s wife

(deceased), it is submitted, was depressed as the foetus she was bearing was

suspected to be having some cardiac defect. Reference is made to Annexure

P-4. Therefore, it is possible that due to this reason she may have committed

suicide. It is further submitted that as per the Post Mortem Report,

possibility of a railway accident cannot be ruled out. Reference is also made

by learned counsel for the petitioner to the statements of the Mediator of the

marriage between the petitioner and the deceased as well as the sister and

maternal aunt of the deceased, as mentioned in final report under

Section 173 Cr.P.C., to submit that there was no demand of dowry and the

Criminal Misc. No. M- 2089 of 2018 (OM) -2-

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petitioner’s wife was never subjected to any kind of ill-treatment. It is

submitted that the petitioner’s mother has been afforded the concession of

bail pending trial by this Court on 23.06.2017. It is thus, prayed that this

petition be allowed.

Learned counsel for the State while referring to the final report

submits that it was found during investigation that the petitioner’s wife was

subjected to maltreatment on the pretext of insufficient dowry as well as not

doing the domestic chores in the house.

Heard, learned counsel for the parties.

As per the allegations in the FIR, marriage between the

petitioner and the deceased was solemnised on 05.10.2014. The petitioner’s

wife was expecting at the time of her death on 12.02.2017. She was

pregnant by 5/6 months. There are specific allegations regarding demand of

dowry qua the petitioner. There is nothing on record to indicate that the

petitioner’s wife was depressed at the time of the unfortunate incident. The

petitioner serving the ITBP was on leave since 05.02.2017 and was at home

at the time of the occurrence. There is a specific allegation that the

complainant’s daughter being fed up of the harassment and illtreatment at

the hands of her husband and in-laws came in front of a train and committed

suicide.

Keeping in view the facts and circumstances of the case, I do

not find any ground to grant the concession of bail pending trial to the

petitioner at this stage.

Present petition is, accordingly, dismissed.

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Criminal Misc. No. M- 2089 of 2018 (OM) -3-

It is reiterated that none of the observations made herein above

are a reflection on the merits of the case and shall have no bearing on the

trial.

(Lisa Gill)
January 29, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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