Criminal Misc. No. M-447 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-447 of 2009 (O&M) Date of Decision:09.01.2009 Parminder Kumar .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL Present:- Mr. G.S. Thind, Advocate for the petitioner. **** JUDGMENT HARBANS LAL, J. This petition has been moved by Parminder Kumar under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.86 dated 19.5.2008 registered under Sections 302/307/498- A/34 IPC at Police Station Dhuri, District Sangrur. The case has been registered on the basis of the statement of Kiranjit Kaur since deceased, wife of the petitioner. She stated that my marriage was solemnized with Parminder Kumar son of Balbir Chand resident of Mallu Majra, P.S. Dhuri on 14th of October of the last year. My husband used to say to me that my marriage with you was under compulsion. My parents gave sufficient dowry to Parminder Kumar, but they often criticized the articles by saying that the dowry is not good. One Motor Cycle new was given on my marriage. He was saying that I have to change this Motor cycle and will bring new motor cycle. The remaining amount will be given by my parents, but I refused to my husband. There Criminal Misc. No. M-447 of 2009 (O&M) -2- was quarrel in the house every time. My husband used to say every time that go from here. Then I went to my parental house. After that, my mother-in-law expired due to heart attack. My husband blamed me for this, that you have killed my mother. This taunting was being made every time. From today 15 days back, my husband had brought me at his Mallu Majra House with the intervention of Panchayat. On 18.5.2008 tomorrow, my parents were to visit at my in-laws house. When I made a call at my parental house, then my father-in-law Balbir Chand snatched phone from me. Yesterday, morning when my husband was to go out from the house for work, then he was talking to my father-in-law Balbir Chand that work should be done today. When my husband had gone out for work, then at about 2:00 p.m. my brother-in-law Kaka poured oil upon me and my father- in-law Balbir Chand lit the fire. I raised noise and fell in the water drain out of my house. I again made a noise that take me to hospital. Then my father- in-law Balbir Chand said that till your parents come, we cannot take you to hospital. My father-in-law Balbir Chand made a call at my parents house after two hours. My brother Amrik Pal and my uncle Sewak Ram came at the spot and took me to Dhuri, from where they took me to Rajindra Hospital, Patiala, after that I was taken to PGI, Chandigarh. I have heard the learned counsel for the petitioner. He contended that when the occurrence took place, the petitioner was not present in the house and that being so, prima-facie no offence is made out against him. I have given a deep and thoughtful consideration to this submission. It is apt to be borne in mind that the petitioner is none else but husband of the deceased. As alleged in the FIR, the petitioner had told his father that the work should be done today. These words amount to Criminal Misc. No. M-447 of 2009 (O&M) -3- abetment. By all probabilities, his father without his connivance would have not resorted to the act of pouring kerosene oil on the body of the deceased. If the petitioner is admitted to bail, he may abscond or tamper with the prosecution evidence. That being so, prima facie no case is made out to admit bail to the petitioner. Sequelly, this petition is dismissed. January 09, 2009 ( HARBANS LAL ) renu JUDGE Whether to be referred to the Reporter? No