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Baljinder Kaur vs State Of Punjab on 2 September, 2019

In The High Court for the States of Punjab and Haryana
At Chandigarh

CRM-M-9193-2019 (OM)
Date of Decision:- 2.9.2019

Baljinder Kaur … Petitioner


State of Punjab and another … Respondents


Present:- Mr. Kawaljyot Singh, Advocate, for the petitioner.

Ms. Rashmi Attri, AAG, Punjab,
assisted by ASI Sanjeevan Singh.



1. The petitioner has approached this Court seeking grant of

anticipatory bail in respect of FIR No. 223, dated 16.12.2018,

registered at Police Station Shahkot, District Jalandhar, under

Sections 406 and Section498A IPC.

2. The FIR was registered at the instance of Sarabjit Kaur wherein it has

been alleged that she was married to Kulvir Singh on 11.3.2013 and

that an amount of `5 lacs was spent on the marriage. It is alleged that

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large number of gifts and gold ornaments were given at the time of

marriage to Kulvir Singh and other members of his family including

the petitioner who is mother-in-law of the complainant. It is further

alleged that the accused were however, not happy with the dowry and

used to harass the petitioner in order to press upon their demands of

dowry and also used to give beatings and ultimately threw out the

complainant from her matrimonial home while retaining her


3. Learned counsel for the petitioner has submitted that she has falsely

been implicated in the present case and that the entire allegations

pertaining to demand of dowry and misappropriation of dowry are

false and frivolous and is a cooked up story.

4. Opposing the petitioner, learned State counsel has submitted that

since the petitioner is specifically named in the FIR, no case for grant

of bail is made out. It has however, been informed that the petitioner

has since joined investigation.

5. Having regard to the facts and circumstances of the case and while

bearing in mind that the matter has apparently arisen out of

matrimonial discord and also that the petitioner is a lady aged 57

years and has already joined investigation, in my opinion it is not a

case warranting custodial interrogation. The petition, as such, is

accepted and interim directions issued vide order dated 12.3.2019 are

made absolute subject to the condition that the petitioner shall appear

and join the investigation as and when called upon to do so and

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cooperate with the Investigating Officer and shall abide by the

conditions as provided under Section 438 (2) Cr.P.C.

6. The present petition stands accepted accordingly.

September 2, 2019 (GURVINDER SINGH GILL)
mohan JUDGE

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

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