IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No.29011 of 2009 and CRM-M-15757 of 2009 DATE OF DECISION: 24.08.2009 **** Mohan Gaur and another . . . . Petitioners VS. State of Haryana through Advocate General, Haryana . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Bijender Dhankar, Advocate for the petitioner. Mr.Partap Singh, Sr. DAG, Haryana for the State/respondent. Mr.Sandeep Kotla, Advocate for the complainant. **** RAKESH KUMAR JAIN J.(ORAL) This is a petition under Section 438 Cr.P.C seeking anticipatory bail in case FIR No.239 dated 16.5.2009 registered under Sections 498-A, 406, 323, 34 of IPC at Police Station City Gurgaon. The aforesaid FIR has been registered on the complaint of Smt. Sonika daughter of Surender Mohan Sharma r/o H.No.659/16, Nayi Basti, Gurgaon, in which, she has, inter alia, alleged that the complainant has been tortured and harassed by the petitioners for want of dowry. Before coming to this Court, the petitioners had applied for anticipatory bail before the Court of Addl. Sessions Judge, Gurgaon, which was dismissed on 29.5.2009. The petitioners were granted interim bail by this Court vide its order dated 3.6.2009. Statement of the husband (Dev Pushp) was recorded under Section 161 Cr.P.C, who stated that cash and some of the jewellery given at the time of marriage are with the parents (petitioners). During the course of hearing, the complainant had filed a reply to the bail application and placed on record some photographs (Annexure R1) and the statement of husband (Dev Pushp) (Annexure R-2), in which he has admitted that the cash and jewellery articles are with the parents (petitioners). Since, recovery of cash, as shown in the photographs and other jewellery articles, stated to be in the possession of the parents (petitioners), are yet to be effected by the Police, I do not find it to be a fit case for grant of anticipatory bail. Hence, the present petition is dismissed. (RAKESH KUMAR JAIN) AUGUST 24, 2009 JUDGE vivek