IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 2611 of 2009 (O&M) Date of decision : February 06, 2009 Gurdeep Singh alias Deepa ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. SS Narula, Advocate for the petitioner Mr. Vishal Munjal, DAG Punjab Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.107 dated 29.12.2008 under sections 306 IPC registered at Police Station Behram District Nawanshahr. The allegations against the petitioner are that he used to harass Reena Kumari deceased by passing obscene remarks. In this regard, the deceased had also made complaint to her mother Kulwinder Kaur who in turn further told to the Sarpanch and Panches of the village and thereafter they all went to the house of the petitioner and had scolded him but the petitioner had again started harassing the deceased. It was on 28.12.2008 that in the evening time, the petitioner again went through the street of her house and passed obscene remarks. On this count, she committed suicide by hanging at 5.00 O' clock on the following morning. Criminal Misc. -M No. 2611 of 2009 (O&M) -2- Learned State counsel submits that the statements of the Sarpanch and Panches of the village have also been recorded. The investigation is still at the initial stage. Learned counsel for the petitioner contends that, in fact, the act of teasing to the deceased does not amount to abetment to the commission of the alleged offence. In this regard, he relies upon Kishori Lal vs State of M.P., 2007(3) RCR (Criminal) 385. The aforesaid submission put forth on behalf of the petitioner cannot be given any credence at this stage when further evidence is yet to be collected. Taking into account the facts and circumstances, no case is made out for granting anticipatory bail to the petitioner, as the provisions under section 438 of the Code of Criminal Procedure are to be invoked sparingly and in exceptional circumstances which are lacking in this case. Criminal Misc. is dismissed. ( Pritam Pal ) February 06, 2009 Judge 'dalbir'