IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-6909 of 2009
Date of decision: March 10, 2009
Sharda
..... Petitioner
Versus
State of Haryana
..... Respondent
Present: Mr. R.S. Malhotra, Advocate for the petitioner.
****
S.S. SARON, J.
Heard counsel for the petitioner.
The petitioner seeks regular bail in a case registered against her for the
offences under Sections 304-B/34 IPC. The FIR in the case has been registered on
the statement of Ram Avtar – father of the deceased Maya Devi. The marriage of
Maya Devi (deceased) was solemnized with Vishnu who is the son of the petitioner
Sharda. It has been alleged in the FIR that the petitioner and Vishnu had been
demanding Rs.1 lac in cash and Hero Honda motorcycle. Besides, the petitioner and
her son Vishnu used to beat Maya Devi daily for the said demand. The petitioner and
her son were made to understand, but they did not agree. On 26.4.2008, the
complainant was informed that Maya Devi was seriously ill. When the complainant
reached the house of his daughter (Maya Devi), he found her hanging with her
‘chunni’ on the tie rod of the room. Due to demand of Rs.1 lac and motorcycle,
Maya Devi had died.
Learned counsel for the petitioner has submitted that the petitioner is an
old lady and there are only allegation of demand of dowry in the FIR. Besides, the
petitioner is in custody since 26.7.2008.
After giving my thoughtful consideration to the matter, it may be noticed
that the marriage between Vishnu and Maya Devi (deceased) was solemnized on
Crl. Misc. No. M-6909 of 2009 [2]
15.4.2007 and Maya Devi died on 26.4.2008 i.e. after a year of her marriage. There
are substantial allegations of demand of Rs.1 lac in cash, besides a motorcycle. The
complainant could not satisfy the demand of the petitioner which led to the death of
Maya Devi.
In the circumstances, no ground for bail to the petitioner is made out at
this stage.
Accordingly, the Crl. Misc. petition is dismissed.
It is, however, made clear that nothing stated herein shall be taken as an
expression of opinion on the merits of the case and it is only for the purpose of
disposing of the application of bail. The learned trial Court shall consider the facts
and circumstances of the case on the basis of evidence and material independently as
adduced before it.
(S.S. SARON)
JUDGE
March 10, 2009
amit