In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-325 of 2011 ..... Date of decision:19.1.2011 Dharambir and another .....Petitioners v. State of Haryana and others .....Respondents .... Present: Mr. Ravindra Jain, Advocate for the petitioners. Mr. H.S. Deol, Additional Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioners seek pre-arrest bail in a case registered against them on 26.10.2010 for the offences under Sections 324, 326 and 34 IPC at Police Station Jathlana, District Yamunanagar. The FIR in the case has been registered on the complaint of Rekha Rani resident of Village Harijan Majri, Police Station Jathlana, District Yamunanagar. According to the complainant on 15.10.2010 at about 6.30 p.m. she went to get milk from the house of Raj son of Bakhtawar. However, she could not get the milk and she left the utensil at the house of Raj and was coming back. On her way, she reached near the house of Raghbir (petitioner No.2). At that time, two ladies, namely, Mahindro wife of Mahavir and Meena wife of Karanvir started taunting her by saying that her brother-Lachhman was in jail and he could not come for the next 3-4 months. The complainant accepted this as correct. It is alleged Cr. Misc. No.M-325 of 2011 [2] by the complainant that one case was filed against her brother, namely, Lachhman by Raghbir and others a month earlier to the registration of the FIR. The case related to `Bara'. Both the ladies, it is alleged, caught hold of the complainant and dragged her towards their house. In the house, their men-folk, namely, Dharambir (petitioner No.1), Raghbir (petitioner No.2) and Karanvir son of Raja Ram were present. They gave fist blows on her and poured hot water on her. When she raised a hue and cry, her elder sister Saroj came at the spot and her younger sister Poonam also came to save her. The sisters of the complainant took her to the house. On the next day i.e. 16.10.2010, she went to Government Hospital, Yamunanagar. Before that she was at CHC, Naharpur and they had referred her to Yamuna Nagar. Therefore, it was requested that the accused be prosecuted. It may be noticed that a civil suit titled Dharamvir v. Gram Panchayat, Jathlana regarding possession of `Bara' is pending in the Court of Civil Judge, Jagadhri. The brother of the complainant, namely, Lachhman Singh along with some other persons including the father of the complainant, it is alleged by the petitioners, entered their house. They were armed with Lathis and Gandasi and demolished their kitchen and house. They set ablaze certain portion and gave a Gandasi blow on the back of Kiran Devi wife of Raghbir (petitioner No.2). While leaving the spot, they threatened to finish them. FIR No.89 dated 27.9.2010 is registered against Lachhman, the brother of the complainant and he was arrested in the said case a month earlier to the present occurrence. Therefore, according to the petitioners the present is a case of counter-blast to the said case. It may be noticed that the complainant alleged that she was initially taken to CHC Naharpur. As per Cr. Misc. No.M-325 of 2011 [3] the medical report of CHC Naharpur, Rekha Rani was admitted on 16.10.2010 as alleged history of pouring some hot fluid on 15.10.2010 at 6.00 p.m. in the evening. She was examined on 16.10.2010 at 2.10 p.m. It was found to be a case of approximately 20% super fine to deep burn present. The petitioner was then admitted in Civil Hospital at Yamunanagar. As per the bed head ticket she was admitted on 18.10.2010 at 12.20 p.m. And her treatment started on 21.10.2010. It is mentioned as 20% burn which has now healed and was a scar. It may be noticed that FIR No.89 dated 27.9.2010 stands registered against the brother of the complainant and also other family members of her husband. Therefore, the possibility of the complainant roping in the petitioners as some hot water fell on her cannot be entirely ruled out. In the circumstances, the petitioners in the event of their arrest shall be admitted to bail on their furnishing personal bonds and surety each to the satisfaction of the Arresting/Investigating Officer. The petitioners shall join the investigation as and when required; besides, they shall comply with the conditions of Section 438 (2) Cr.P.C. while on bail. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the investigating authorities or the Court as the case may be shall consider the case on the basis of evidence and material as produced before it. The criminal miscellaneous petition stands disposed of. January 19, 2011. (S.S. Saron) Judge *hsp*