State of Punjab v. SABINA, J

Present : Mr. Mohd. Yousaf, Advocate, for the petitioner. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No.168 dated

20.9.2010, under Sections 498-A,406 of Indian Penal Code (in short 'IPC'), Police Station Rama Mandi Jalandhar, District Jalandhar. The contents of the FIR as reproduced in para 1 of the petition read as under :- “To Hon'ble Police Commissioner Sahib, Jalandhar. Subject : Complaint against Manjit Kumar son of Lal Chand, Head constable, District Police SSP Office, RW Branch Jalandhar, Belt No.3437, (2). Raj Rani wife of Lal Chand (3) Chuni Lal son of Lal Chand (4) Lavija wife of Chunni Lal (5&6) Bunty and Depu sons of Chuni Lal (7&8) Mintu and Gagan daughters of Chuni Lal, Usha wife of Gurmeet all residents of Village Lesriwal, Tehsil and Crl. Misc. No. M-32695 of 2010 (O&M) 2 District Jalandhar and Balbir Singh (brother-in-law) Jija, Sarabjit Kaur wife of Balbir Singh resident of Village Chandpur, Jaladhar for beating me and harassing me on account of bringing insufficient dowry and for throw out of house.

Sir, requested that I was married with accused Manjit Kumar as per Hindu custom and rites on 18.1.2004. After the marriage I resided with my husband in in-laws house at Village Lesriwal and two children took birth from our wedlock i.e. one girl and one boy. That above mentioned accused No.2 Raj Rani wife of Lal Chand is my mother-in- law and Chuni Lal is my brother-in-law (Jeth) and Lavija is my sister-in-law (Jethani). Bunty, Deepu, Mintu and Gagan are sons and daughters of my brother-in-law Chuni Lal. Sarabjit Kaur is my sister-in-law (Nanad) and Balbir Singh is husband brother-in-law (Nandoya) That accused No.1 Manjit Kumar my husband is doing job in Punjab Police District Police and he is also running two health clubs one is at Rama Mandi and other is at Adampur. That at the time of my marriage my parents have given dowry beyond their capacity. My husband was given one motorcycle, one gold ring, one hand watch and clothes.

My mother-in-law was given gold ear rings. The above mentioned articles were given at the time of Shagun and at the time of marriage one gold ring was give to my father-in-law, brother-in-law (Jeth) and Nandoya (brother-in-law) and one pair of gold ear rings to mother-in-law was given. Accused No.4 to 10 were given Crl. Misc. No. M-32695 of 2010 (O&M) 3 5-5 suits each. At the time of marriage one gold ring and one winter suit was given to my husband. My parents have given 21 suits to me. One T.V., fridge, washing machine, double bed, sofa, dining table, 101 utensils were handed over to the above mentioned accused persons. In spite of so much dowry articles my in-laws family was taunting me that I have brought insufficient dowry of inferior quality and were harassing me. That on 3.4.06 I gave a birth to a girl thereafter accused persons started me harassing much more and some times I was given beatings due to bringing insufficient dowry and were asking me to bring one lac rupees but my parents were unable to pay this amount and due to this reason also they have thrown me out of the house after giving beatings and thereafter I used to come to my parental house alongwith minor child that Usha wife of Gurmeet was saying that I will not be all0owed to live in the house and some times my husband used to beat me before her and insulted me.

In October 2007 all the above mentioned accused persons had beaten me and thrown me out of the house alongwith child. Sarabjit Kaur was also in our house on that day and her husband was laso in our house. They had also said that if I have to come to this house then I have to bring Rs.1 lac. Sons and daughters of Chuni Lal were also misbehaving with me at every time. Regarding this Panchayats were convened many times but after admitting in the panchayat they again used to back track. In Crl. Misc. No. M-32695 of 2010 (O&M) 4 October 2006 when I came back with the intervention of Panchayat then Raj Rani, Chuni Lal, Usha, Balbir Singh and Sarabjit Kaur tried to give me Salphas pills and pour kerosene on me and with great difficulty I saved my life and reached at parental house and gave a complaint to SSP Jalandhar where the accused admitted their guilt and again took me to my in-laws house and promised not to do such again.

3-4 months thereafter they remained well with me and thereafter again started harassing me. Sometimes I used to come to my parental house and thereafter again use to go to my in-laws family. On 28.12.2008 a male child took birth in our house and on his ceremony my parents have given sufficient articles even then the accused persons did not mend their behaviour and thrown me out of the house after giving me beatings and I use to come to my parents house alongwith children. That on 17.7.2010 all the above mentioned accused persons beaten me and about 11.00 P.M. they thrown me out of the house with the children in three clothes. Thereafter, I came to my parental house. I request before you that suitable legal action be taken against the above mentioned accused persons and justice be given to us. I shall be highly thankful to you. Thanking you. Yours faithfully.” After hearing the learned counsel for the petitioner, I am of the opinion that no ground for grant of anticipatory bail to the petitioner is made out.

Crl. Misc. No. M-32695 of 2010 (O&M) 5 The allegations levelled against the petitioner are serious in nature. A perusal of the order passed by learned Additional Sessions Judge while declining the bail application, moved by the petitioner, reveals that the petitioner had not been co-operating during investigation. The said statement was made by the Investigating Officer. Petitioner might be required for custodial interrogation. Dismissed. November 9, 2010 Anand (SABINA) JUDGE