Criminal Misc. No. M-12298 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12298 of 2011 (O&M) Date of decision: 21.7.2011 Sanjay .. Petitioner v. State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sandeep Gahlawat, Advocate for the petitioner. Mr. Subhash Godara, Additional Advocate General, Haryana. ... Rajesh Bindal J. The petitioner, who is an accused in the FIR, registered on account of death of his wife, is before this court seeking bail pending trial. The marriage was solemnised on 11.12.2009. The deceased consumed poisonous tablets on 31.12.2009 and died on 1.1.2010. The petitioner is in custody since 11.3.2010. Learned counsel for the petitioner submitted that immediately after the death of the sister of the complainant, father of the deceased had got his statement recorded with the police that he does not apprehend any one's involvement in the death of his daughter, who had apparently committed suicide by consuming poisonous tablets. After 40 days, brother of the deceased lodged the present FIR. In fact, it was a second marriage of the deceased with the petitioner which was quite simple, as only five persons had gone in Baraat. No dowry articles were given. The deceased was a lady of short temperament. She used to leave her matrimonial home from first marriage frequently without even informing her husband. Compromise dated 1.8.2008 has been placed on record, in which it has Criminal Misc. No. M-12298 of 2011 [2] been mentioned that on 31.7.2008, at about 1.00 A.M. (mid-night), the deceased had run away from the house where she was living with her first husband. She was caught by the police. Thereafter, there was a Panchayati divorce. Though the earlier marriage was not dissolved in court, but the second marriage was solemnised with the petitioner. Learned counsel further referred to the fact stated by the complainant in his cross- examination that ` 25,000/- were taken from the first husband of the deceased in the year 2009 and also that he admitted that the marriage was quite simple and he visited the matrimonial home of his sister only once. The submission was that the deceased committed suicide for the reasons best known to her, may be that she was a lady of short temperament. The petitioner has been falsely implicated in a belated FIR got registered by the brother of the deceased when the father had already satisfied himself and stated before the police that no one was guilty of death of his daughter. Learned counsel for the State submitted that it is a death within 7 years of marriage. The presumption is against the petitioner. He further submitted that father of the deceased had subsequently changed the stand and got his statement recorded under Section 161 Cr.P.C. reiterating the stand taken by the brother of the deceased in the complaint and had gone back from his earlier statement before the police as he was not in senses when the first statement was recorded. At present out of total 17, statements of two witnesses have been recorded by the court below including that of the complainant. Considering the totality of circumstances, as referred to above, in my opinion, the petitioner deserves the concession of bail pending trial. He is directed to be released on bail on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jhajjar. The petition stands disposed of. (Rajesh Bindal) Judge 21.7.2011 mk