CRM-M-21121 of 2011 (O&M) - 1 – IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-21121 of 2011 (O&M) Date of Decision:28.07.2011 Khayali and others . . .Petitioners Versus State of Haryana and another . . . Respondents ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Sarfraj Hussain, Advocate, for the petitioners. ***** RAKESH KUMAR JAIN, J (ORAL) CRM No.39630 of 2011 Application is allowed as prayed for. CRM-M-21121 of 2011 This is a petition for anticipatory bail in a complaint case No.333 dated 15.9.2009 under Sections 379, 380 & 457 of the Indian Penal Code (for short ‘IPC’) titled as Puran Chand Vs. Khayali Ram and others pending in the Court of JMIC, Ferozepur Jhirka, District Mewat. Learned counsel for the petitioners has argued that the complaint has been filed as a matter of defence as the complainant knew that the petitioners are going to register a case against him. He further submits that complaint was filed on 15.9.2009 whereas FIR was registered on 7.10.2009. The petitioners had applied for anticipatory bail before the Court below which was dismissed vide order dated 03.5.2011 where same arguments were raised and rejected. It has also been observed by the learned Court below that the petitioners were even summoned by way of proclamation as they are avoiding their presence before the Court. Learned counsel for the petitioners has failed to demonstrate as to how the complainant had the knowledge that the petitioners are going to register FIR against them. He submits that since his date of marriage is 3.6.2009, therefore, the CRM-M-21121 of 2011 (O&M) - 2 – complainant had the idea that some case is going to be registered against him for demand of dowry. After hearing learned counsel for the petitioners and taking into consideration facts and circumstances of the case, it is difficult to accept the arguments raised by learned counsel for the petitioners that the complainant was afraid of registration of a case against him by the petitioners and on that account he manipulated the present complaint on 15.9.2009 in self defence. In view thereof, I do not find any merit in the present petition and as such the same is hereby dismissed. (RAKESH KUMAR JAIN) JULY 28, 2011 JUDGE Vivek