CRM-M-18044-2011 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18044-2011 (O&M) Date of decision:13.07.2011. Balbir Kaur ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Ranjan Lakhanpal, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of pre-arrest bail to the petitioner in a case registered vide FIR No.45 dated 05.05.2011, under Sections 420, 376, 494, 495, 506, 406, 341, 120-B of IPC, Police Station Mahilpur, District Hoshiarpur. The allegations contained in the FIR are that the complainant, while doing the computer course, fell in love with Harvinder Singh (son of the petitioner). It is alleged that on 27.11.2008, Harvinder Singh came along with his maternal uncle and aunt to her house and took her along by marrying her under the ceremony of Chuni and Choora. It is alleged that they consummated marriage on the next day, i.e. on 28.11.2008. On 29.11.2008, she had heard that Harvinder Singh (her husband) was already married with one Lakhvir Kaur and their marriage was also registered. However, he kept her in dark and continued to have sex with her, but ultimately he agreed that he had already been married to Lakhvir Kaur who is living in Australia. Then, he asked her to get her marriage registered with his brother Harpinder Singh who will take her to Australia and after that he will live with her as husband and wife after CRM-M-18044-2011 (O&M) -2- ***** divorcing Lakhvir Kaur. In the meantime, Harvinder Singh (her husband) left for Australia and she was kept hungry in her in-laws' house even during her pregnancy. The petitioner and other co-accused had tried to kill her and gave her severe beatings including kicks in her stomach so that she may suffer abortion. Thereafter, she came to her parental home and started living there and delivered a male child. Learned counsel for the petitioner has submitted that in the FIR, the role is attributed to the sons of the petitioner and not to the petitioner. After hearing learned counsel for the petitioner, I am of the view that the petitioner was an equal participant in the entire fraud and cheating, otherwise had she been a genuine person, she would not have allowed her son Harvinder Singh to marry with the complainant during the subsistence of his first marriage with Lakhvir Kaur. This Court is not going to believe that the fact about the first marriage of his son Harvinder Singh with Lakhvir Kaur was not within the knowledge of the petitioner. It is prima facie apparent that everything has been done with her connivance. In view thereof, I do not find it to be a fit case for grant of pre- arrest bail to the petitioner and hence, the present petition is hereby dismissed. July 13, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE