In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 6387 of 2009 Date of Decision:April 16, 2009 Chander Bhan @ Bhana Ram @ Pehalwan Singh ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Ajit Attri and Mr. J.S.Saini,Advocates, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J.
Chander Bhan @ Bhana Ram @ Pehalwan Singh-petitioner has
filed this petition under Section 439 of the Code of Criminal Procedure
(herein after referred to as ‘Cr.P.C.) seeking regular bail in FIR No. 85
dated 17.9.2008 under Sections 304 B/34 of the Indian Penal Code
registered at Police Station, Jhansa, Distt. Kurukshetra.
Prosecution case in brief is that Rajni Devi, since deceased, was
married to Mukesh on 18.4.2008. Thereafter she was harassed by Mukesh
on account of insufficient dowry brought by her. A demand of new motor
cycle was also raised. Mukesh used to give beatings to Rajni Devi. On
16.9.2008 Rajni Devi died an unnatural death after consuming some
poisonous substance.
Crl. Misc. No. M- 6387 of 2009 -2-
Learned counsel for the petitioner has submitted that the
petitioner is paternal uncle of Mukesh and has been falsely involved in this
case on account of his relationship with Mukesh-husband of the deceased .
Petitioner is in custody since 20.11.2008.
Learned State counsel, on the other hand, has opposed the bail
petition.
Keeping in view the fact that specific allegations of beating
and demand of dowry have been levelled against Mukesh-husband of
deceased Rajni Devi and the fact that the petitioner is in custody since
20.11.2008, without expressing any opinion on the merits of the case, this
petition is allowed. Petitioner be admitted to bail subject to the satisfaction
of Chief Judicial Magistrate, Kurukshetra.
(SABINA)
JUDGE
April 16, 2009
PARAMJIT