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Satyanarayan vs State Of Haryana on 3 September, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-38301-2018 (OM)
Date of Decision:- 3.9.2019

Satyanarayan … Petitioner

Versus

State of Haryana … Respondent

CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL

Present:- Mr. Yashwant Singh Rathore, Advocate for the petitioner.

Mr. Ashok Singh Choudhary, Addl. AAG, Haryana

Mr. Mayank Sharma, Advocate for the complainant.

*****

GURVINDER SINGH GILL, J.

1. The petitioner Satyanarayan has approached this Court seeking grant of

anticipatory bail in a case registered against him vide FIR No.55 dated

8.8.2018 under Sections 498A, Section420, Section506, Section509 and Section120-B IPC at Police

Station Women, District Kurukshetra.

2. The FIR was registered at the instance of Parveen Kumar Harit wherein it

has been alleged that her niece Aarti Sharma i.e. daughter of complainant’s

widowed sister Usha Sharma was married to Amar Gautam on 27.11.2004

wherein dowry had been given to Amar Gautam as well as to other members

of his family including his parents i.e. Satyanarayan and Vimla Gautam,

sister and brother-in-law, beyond their means. However, Aarti Sharma’s

husband and other accused were not satisfied with the dowry and started

demanding a car on account of which they used to physically and mentally

For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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02-10-2019 14:57:37 :::
2 CRM-M-38301-2018 (OM)

harass Aarti Sharma. Later, when Aarti Sharma was pregnant, then the

complainant’s brother-in-law gave a Santro Car to accused after raising a

loan and the said car was registered in the name of Aarti Sharma. It is

further alleged that the accused started harassing the complainant’s niece and

her mother to an extent that the complainant’s niece and her mother Usha

Sharma thought of committing suicide and jumped into Sukhna Lake,

Chandigarh. While the complainant’s sister Usha Sharma died, the

complainant’s niece Aarti Sharma was saved by the police officials present at

the lake.

3. The learned counsel for the petitioner has submitted that he has falsely been

implicated in the present case on account of their having been some

matrimonial incompatibility between the petitioner’s son and his wife Aarti

Sharma due to which the entire family of Aarti Sharma’s husband had been

involved.

4. Opposing the petition, the learned State counsel has submitted that since the

petitioner has specifically named in the FIR and there are specific

allegations against the accused, no case for grant of anticipatory bail is made

out more particularly, in view of the fact that the allegations in the FIR

regarding harassment stands substantiated from the fact that mother of the

victim committed suicide and even the victim made a vain attempt to end her

life by jumping into Sukhna Lake.

5. I have considered rival submissions addressed before this Court. Although,

the allegations as levelled in the FIR cannot be said to be absolutely

baseless, at this stage, but the fact that remains that in the present case

For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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02-10-2019 14:57:38 :::
3 CRM-M-38301-2018 (OM)

challan has already been presented. As such, at this stage, it is not a case for

custodial interrogation of the petitioner, who is father-in-law of the victim.

6. The petition, as such, is accepted and the interim directions issued vide order

dated 4.9.2018 are hereby made absolute subject to the condition that the

petitioner shall appear before the trial Court regularly and shall abide by any

such condition as may be imposed by the trial Court.

7. It is, however, made clear that none of the observations made above shall be

taken to be an expression on merits of the main case.

3.9.2019 (Gurvinder Singh Gill)
kamal Judge

Whether speaking /reasoned Yes / No

Whether Reportable Yes / No

For Subsequent orders see CRM-28942-2019 Decided by HON’BLE MR. JUSTICE GURVINDER SINGH
GILL
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02-10-2019 14:57:38 :::

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