IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-35370 of 2009 Date of decision : 19.1.2010 Tittri Singh and another …. Petitioners Versus State of Punjab …. Respondent Present: Mr. D.R. Singla, Advocate for the petitioners. Mr. Shilesh Gupta, Dy. A.G., Punjab. **** S.S. SARON, J. The present petition has been filed by the petitioners seeking pre-arrest bail in a case registered against them for the offences under Sections 452, 323/34 IPC. The FIR in the case has been registered on the complaint of Smt. Ranjit Kaur wife of Karnail Singh. It is alleged that a day before registration of the FIR i.e. on 20.10.2009 at about 6.00 p.m. the petitioners along with Loombri Singh son of Manjeet Singh came in front of the gate of the complainant. Petitioner No.2 asked her to open the door as they wanted to discuss something with their father’s sister (Bhua) namely Phinno. The complainant then opened the door and the petitioners as also Loombri Singh entered the house and after sitting with their father’s sister (Bhua) namely Phinno they started discussing family matters. Then petitioner No.2 picked up a ‘danda’ from the house of the complainant and gave a ‘danda’ blow on her left knee. He gave another blow on her right leg. Petitioner No.1 and Crl. Misc. No. M-35370 of 2009 [2] Loombri Singh came towards them and daughter of the complainant also came there. Petitioner No.1 and Loombri Singh also gave ‘danda’ blows to the complainant as well as her daughter namely Simarjeet Kaur who came there after hearing noise of the complainant and the assailants. Petitioner No.2 then again gave a ‘danda’ blow on the left leg of the complainant. The complainant and her daughter raised an alarm and people gathered there. The Ex- Sarpanch of the village namely Darshan Singh also came there. Meanwhile, the assailants ran away. The complainant and her daughter Simarjeet Kaur went to the house of Bhola Singh, Sarpanch and informed him about the occurrence who further informed Gurdip Singh son of Zora Singh on telephone. Zora Singh father of Gurdip Singh came in his Jeep to the house of Sarpanch Bhola Singh and he got the complainant and her daughter Simarjeet Kaur admitted in the Civil Hospital, Bathinda at 8.00 p.m. where they were under treatment. The cause of the fight was that Simarjeet Kaur daughter of the complainant was studying in their village school in the 8th class and the petitioners and Loombri Singh used to comment on her. The complainant had informed the village Panchayat about it and due to this reason, the petitioners and Loombri Singh had inflicted injuries. Learned counsel for the petitioners has submitted that no such occurrence had taken place and a false story has been concoted. In any case, it is submitted that the alleged injuries attributed to the petitioners are simple in nature. In response, learned State counsel has submitted that as per medico-legal report, nine injuries have been suffered by the Crl. Misc. No. M-35370 of 2009 [3] complainant and three have been found on the person of Simarjeet Kaur daughter of the complainant. After giving my thoughtful consideration to the matter, it may be noticed that specific role is attributed to the petitioners and they entered the house of the complainant and her daughter. Injuries have been found on the person of the complainant and her daughter which were inflicted by the petitioners and Loombri Singh. In terms of the order dated 3.12.2009 passed by the learned Additional Sessions Judge, Bhatinda, interim bail was granted to the petitioners but they did not join the investigation. The sticks used in the commission of the offence are yet to be recovered. The allegations against the petitioners are that they entered the house of the complainant and caused injuries. The complainant is a lady and is living with her daughter Simarjeet Kaur in the village. Her husband for the last one year is residing at Budhladha as there was a dispute in the family. Keeping in view the nature of allegations of entering the house of a lady and causing injuries to her as also the fact that despite interim bail granted to the petitioners, they did not join the investigation, no ground for pre-arrest bail is made out. Accordingly, the Crl. Misc. petition is dismissed. (S.S. SARON) JUDGE January 19, 2010 amit