IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPs(M) No.2 & 5 of 2011. Decided on: January 7, 2011 Cr.MPM No.2/2011 Baldev Thakur Versus State of H.P. Cr.MPM No.5/2011 Santosh Kumari Versus State of H.P. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioners : M/s Hamender Chandel, Rajesh Vats and Virender Rathore, Advocates. For the Respondent : Mr. Vikas Rathore, Deputy Advocate General, and Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, Judge(Oral) Heard and gone through the record. 2. By means of this order, two petitions, for grant of anticipatory bail, one moved by Santosh Kumari (petitioner in Cr.MPM No.5 of 2011) and the other moved by Baldev Thakur (petitioner in Cr.MPM No.2 of 2011), are being disposed of. 3. Both the petitioners have been booked in a case, under Section 306 of the Indian Penal Code, for allegedly abetting commission of suicide by one Ginnu Ram Bharti, an HAS Officer. Case has been registered against the petitioners, on the basis of a suicide note left by the deceased. From a reading of the suicide note, it is made out that sometime in the year 1999, when the deceased was posted as SDM at Dodra Kwar, he developed illicit relations with Santosh Kumari, Whether reporters of the local papers may be allowed to see the judgment? - 2 - who was already married to a person working in SSB and had two daughters from that wedlock. Santosh Kumari had been working as Female Health Worker (Midwife), in a Government institution. Both of them were knowing that it was not permissible under the law for them to get married. From the suicide note, it appears that the deceased was so much sentimentally attached with Santosh Kumari that he wanted her to be his exclusive bed-mate. The lady, however, re- married Baldev Thakur, as per suicide note and this caused a shock to the deceased. He felt mentally tortured and became mentally disturbed. He went to PGI and the doctor advised him some treatment for his mental disturbance. He spoke out the matter to his son-in-law, whose name is Amar. Amar went to the lady and requested her atleast to have a talk with the deceased, on phone, but she did not agree and is alleged to have said that she did not care whether the deceased remains alive or kills himself. It is on the basis of this alleged saying of petitioner Santosh Kumari that the deceased took the extreme step of putting an end to his life. 4. Deceased himself was a married man, was aged more than 54 years and held very high position as a member of State Administrative Service and despite that he indulged in illicit relationship with Santosh Kumari, who was already married, deserted and neglected his own wife and children, as is stated in the suicide note itself. He writes in the suicide note that he felt disturbed when Santosh Kumari married another man Baldev Thakur. - 3 - 5. In view of the abovestated position, I am of the considered view that this is a fit case where Court’s discretion in the matter of grant of bail, before arrest, should be exercised, in favour of the accused. Hence, both the petitions are allowed and orders of interim bail, dated 4th January, 2011, passed separately in the two petitions, are made absolute. The order is, however, subject to the condition that the petitioners shall join the investigation as, when and where called upon to do so by the Investigating Officer. Both the petitions stand disposed of. January 7, 2011(sd) ( Surjit Singh ), J