IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-4368 of 2010 Date of Decision: May 10, 2010 Ashu Kumar .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Manish Kumar Singla, Advocate, for the petitioner. Ms. Rajni Gupta, Additional Advocate General, Punjab. Mr. S.K. Pipat, Senior Advocate, with Mr. Harish Goyal, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case FIR No.56 dated 25.3.2009 under Sections 304-B, 109 IPC, registered with Police Station, Sunam, District Sangrur. Learned counsel for the petitioner contends that it would be a moot point for the Trial Court to consider whether offence under Section 306 or Section 304-B IPC is made out in view of the Crl. Misc. No. M-4368 of 2010 [2] conclusion drawn by the investigating agency in the final report submitted under Section 173 Cr.P.C. I have considered the contentions of learned counsel. The investigating agency has collected material to indicate that Rimpy Rani had an affair with Rinku Kumar @ Ratan Kumar. Even after marriage of Rimpy Rani with Ashu Kumar (petitioner), she maintained contact with said Rinku Kumar @ Ratan Kumar. The conclusion as drawn by the investigating agency is in the following terms:- “...... Accused Rinku Kumar @ Ratan Kumar was arrested in this case on 1.8.2009, who during the course of interrogation, admitted that he was having love affairs with Rimpy Rani prior to her marriage and that they had been usually conversing over telephone. On the intervening night of occurrence also, they had conversation with each other on telephone. It has come in evidence on record of the case that Rinku Kumar @ Ratan Kumar was in love affair with Rimpy Rani. ASI Jugraj Singh has conducted further investigation in this case and it has been revealed that Rinku @ Ratan Kumar was instigating Rimpy Rani to make confrontation with Ashu Kumar, in order to keep his love affairs intact with her and on the other hand, Rinku Kumar @ Ratan Kumar also used to instigate Ashu Kumar that previously when proposal of marriage of Rimpy Rani was discussed with his family members, i.e. the family members of Rinku Kumar, then they had been demanding car etc. in the marriage and instigate him and to put demand of car. Rinku Kumar is very cunning and clever, as such by instigating both the parties, he was intending to raise conflict between them, with a view that if they would conflict each other, then his love affair would remain intact and Ashu Kumar may not become a hurdle in that regard. On 24.3.2009, Rimpy Rani had phoned Rinku Kumar @ Ratan Kumar, due to which Ashu Kumar confronted with Rimpy Rani and Rimpy Rani died due to consuming some poisonous substance, which is a result of instigating and love affair of Rinku Kumar @ Ratan Kumar, who was instigating both the parties. Due to this reason, both Rimpy Rani and Ashu Kumar had been confronting with each other. Rimpy Rani was mentally perturbed, as a result of which she has died. As per the Crl. Misc. No. M-4368 of 2010 [3] Viscera Report also, Rimpy Rani had died due to consuming some poisonous substance.” Considering the above extracted portion from the report under Section 173 Cr.P.C. in the context of offence alleged by the prosecution, I am of the opinion that petitioner is entitled to bail under Section 439 Cr.P.C. It would be for the Trial Court to consider whether Rimpy Rani consumed poisonous substance on account of the conditions created by Rinku Kumar @ Ratan Kumar or on account of other factors. Without commenting on the merits of the case, the petition is allowed. Bail to the satisfaction of the Trial Court/ Chief Judicial Magistrate, Sangrur. (AJAI LAMBA) May 10, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?