235 IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No. M- 2089 of 2018 (OM)
Date of decision : January 29, 2018
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withdrawn on 27.07.2017.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
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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
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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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
January 29, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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