In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-1311 of 2009 Date of decision: 25.2.2009 Reshma ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vivek Khatri, Advocate, for the petitioner. Mr.Sidharth Sarup, AAG, Haryana. **** SABINA, J. This petition has been filed by Reshma under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 241 dated 23.7.2007, under Sections 302/120-B/34 of the Indian Penal Code, registered at Police Station Tohana, District Fatehabad. As per the prosecution case, Geeta (deceased), daughter of the complainant, wanted to reside separately from her in-laws but her father-in-law Hazoor Singh, mother-in-law Reshma, husband Hari Chand and brother-in-law Vinod did not want Geeta and Hari Chand to reside separately. Due to this reason a dispute arose between them. On 22.7.2007 complainant received a phone call from Vinod and Hazoor Singh at about 10.30 p.m. that the complainant should advice his daughter otherwise they would do whatever they could. Complainant went to the house of his daughter on 23.7.2007 at 1.00 a.m. and saw that petitioner-Reshma was sitting on the stairs. Complainant, after inquiring from her, went inside the room and saw that his daughter was lying dead on the bed. When the complainant Criminal Misc. No.M-1311 of 2009 -2- came outside he found that petitioner-Reshma had left the spot. Learned counsel for the petitioner has submitted that the petitioner is an old lady aged about 65 years. Marriage between Geeta and Hari Chand was solemnized about 7 ½ years prior to the occurrence. Geeta was residing separately with her husband since the year 2005. The death of Geeta had not occurred due to strangulation. Learned State counsel, on the other hand, has submitted that as per the postmortem report, the death of Geeta had occurred due to strangulation. Ten witnesses had already been examined during trial and now only 2-3 witnesses remained to be examined as 5-6 witnesses had been given up during trial. Now the next date fixed before the trial Court is 3.3.2009. The allegations levelled against the petitioner in the present case are serious in nature. The petitioner was sitting on the stairs when the complainant reached the spot. The complainant went inside the room and saw that his daughter was lying dead on the bed and when he came out of the room, he found that the petitioner had left the spot. As per the postmortem report probable cause of death in this case was due to strangulation, which was sufficient to cause death in the normal course of life. Keeping in view the seriousness of offence alleged to have been committed by the petitioner and the fact that the trial is almost near completion, this petition is dismissed. (SABINA) February 25, 2009 JUDGE anita