Crimainal Misc. No. M-8750 of 2009 1
In the High Court of Punjab and Haryana, at Chandigarh.
Crimainal Misc. No. M-8750 of 2009
Date of Decision: 3.6.2009
Smt. Amrita
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. R.S. Rai, Senior Advocate
with Mr. Deepinder Brar, Advocate
for the petitioner.
Mr. Tarun Aggarwal, Senior Deputy
Advocate General, Haryana, for the State.
Mr. Manjeet Singh, Advocate
for the complainant.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Section 439 Cr.P.C.
seeking regular bail to the petitioner in case FIR No. 40 dated
28.1.2009 registered at Police Station Saran, Faridabad, under Sections
304-B/34 IPC.
Petitioner was married to Sandeep, elder brother of husband
of deceased, in the year 1999. According to counsel for petitioner they
remained at Panipat and only shifted to Faridabad after the marriage of
deceased to the younger brother of husband of petitioner. It is stated
that both husband of the petitioner and husband of deceased were
Crimainal Misc. No. M-8750 of 2009 2
working in different Organizations and earning their livelihood and they
were having a separate kitchen. Therefore, petitioner cannot be
interested in the demand of dowry articles as she has to gain nothing
from the demand of dowry.
These facts have been controverted by Mr. Manjeet Singh,
Advocate, appearing for the complainant. He has stated that petitioner
had stayed at Panipat only for three months and thereafter she shifted to
Faridabad. Counsel further submits that petitioner and the deceased
were joint in mess.
Be as it may, petitioner is Jethani (wife of elder brother of
husband of the deceased). She is a lady. She is having a son who is a
student of Upper Kindergarten and is aged 5½ years.
The truth and veracity of rival submissions will be determined
during the course of trial. Further detention of the petitioner is not
warranted. Taking into consideration relationship and the fact that
petitioner is a lady, she is ordered to be released on bail to the
satisfaction of the Chief Judicial Magistrate, Faridabad.
With the observations made above, present petition is
disposed off.
(Kanwaljit Singh Ahluwalia)
Judge
June 3, 2009
“DK”