Criminal Misc. No. M-15193 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. M-15193 of 2009
Date of Decision: 1.6.2009
Maninder Pal Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Jitender Singh Dadwal, Advocate
for the petitioner.
Mr. Mehardeep Singh, Deputy Advocate
General, Punjab, for the State.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 438 Cr.P.C.
seeking pre-arrest bail to the petitioner in case FIR No. 36 dated
20.3.2009 registered at Police Station Dhariwal, Gurdaspur, under
Sections 406, & 498-A IPC..
Petitioner Maninder Pal Singh, is a husband of complainant
Veena Kumari. FIR has been lodged at the instance of Veena Kumari
and she has made specific allegations against the petitioner that he has
demanded Rs.1,00,000/- and due to this, differences arose between
them and complainant was maltreated.
In the present case, marriage was solemnized on 10.12.2005.
Counsel for the petitioner has contended that difference of opinion due
Criminal Misc. No. M-15193 of 2009 2
to maladjustment has occurred. The allegation of demand of dowry has
been coined. It is further submitted that the petitioner wanted to keep
and rehabilitate his aggrieved wife in the matrimonial home and petition
under Section 9 of the Hindu Marriage Act, for restitution of conjugal
rights, filed by the petitioner is pending in the Court of Civil Judge (Junior
Division), Ludhiana.
I have given my thoughtful consideration to the contentions
raised by counsel for the petitioner.
Though it seem to be a case of matrimonial maladjustment
but contention of counsel for the State that dowry articles are to be
recovered, is also to be given due credence. Hence, there is no merit in
the present petition, and the same is dismissed.
However, it is ordered that in case petitioner surrender before
the trial Court on or before 10.6.2009, his regular bail application shall
be decided within two days.
(Kanwaljit Singh Ahluwalia)
Judge
June 1, 2009
“DK”