Cr.Misc. NO.M 32257 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr.Misc. NO.M 32257 of 2008
DATE OF DECISION : 5.2.2009
Sudhir Kumar Singh and another
......PETITIONER
VERSUS
State of Haryana
......RESPONDENTS
PRESENT: Mr. Mohit Jaggi, Advocate
Ms.Rajni Gupta, DAG, Pb
Ms. Abha Rathore, Advocate
M.M.S.BEDI,J.
The petitioners are Jeth and Jethani of complainant Vanita.
The petitioners along with other family members of Anuj Kumar ( brother of
petitioner No.1) had been treating the complainant with cruelty after her
marriage on 15.2.2006 to bring cash from her parents. There are
allegations that she was given beatings. The petitioners along with father-
in-law and mother-in-law of the complainant had allegedly demanded a
sum of Rs.20 lacs from her father.
Without expression of any opinion on merits of the case, it
appears that there are general allegations against the petitioners.
Learned counsel for the complainant has intervened to oppose
the petition for pre-arrest bail contending that the petitioners had been
maltreating the complainant and that they had also demanded money from
the complainant. She has also argued that being members of the joint
family, the petitioners had been staying along with Anuj Kumar and had
been participating in the event of cruelty.
Cr.Misc. NO.M 32257 of 2008 2
I have heard learned counsel for the parties and gone through
the police file. It appears to be a case where all the family members have
been involved in the case on account of matrimonial disharmony between
the complainant and her husband Anuj Kumar. In a petition filed for pre-
arrest bail by the mother-in-law of the complainant, the matter has already
been sent to Mediation and Reconciliation Centre, High Court and some
amount has already been ordered to be paid to the complainant. Taking
into consideration the relationship of the petitioner with Anuj Kumar; they
having joined the investigation, can be granted the concession of pre-arrest
bail. This order will not be treated as a precedent for granting pre-arrest
bail to the mother-in-law of the complainant.
Accordingly, the petition is allowed and it is ordered that in
case of arrest of the petitioners, they will be admitted to bail to the
satisfaction of the arresting officer subject to the condition that they will
appear before the investigating officer as and when required by the police
and will not tamper with evidence or hamper the investigation at any stage.
Anything said in the order is merely meant for the decision of
this petition for pre-arrest bail and is not meant for any other proceedings
or the merits of the case, without prejudice to the rights of the petitioners or
the prosecution, in any manner.
February 5 ,2009 ( M.M.S.BEDI ) TSM JUDGE