Crl.Misc.No.M-29196 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Crl.Misc.No. M-29196 of 2009 Date of decision: 3.11.2009 Preeti Sharma ... Petitioner versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE JORA SINGH. Present: Mr.G.B.S.Gill, Advocate, for the petitioner. Mr.P.S.Sidhu, Addl.AG, Punjab. ... JORA SINGH, J. Preeti Sharma filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 82 dated 11.8.2009 under Section 306 IPC registered at Police Station Talwandi Sabo, District Bathinda. According to the prosecution story, Parminder Kumar developed illicit relations with Preeti Sharma. Preeti Sharma and Parminder Kumar were living in a rented house at Bathinda. Then they had shifted to Malout. Parminder Kumar had disclosed to the complainant that he was being harassed by Preeti Sharma. Preeti Sharma is characterless. On 10.8.2009 at about 10.00 PM, an intimation was received by the complainant that Parminder Kumar by consuming some poisonous substance had committed suicide. Learned counsel for the petitioner argued that the petitioner had no concern with Parminder Kumar. Petitioner was earlier married to one Hem Raj. There is one daughter from this wedlock. After the birth of Crl.Misc.No.M-29196 of 2009 2 first girl, again the petitioner was pregnant. In-laws of the petitioner were not happy with the birth of girl. Petitioner was apprehending that if second time there is a girl, then she is not to be treated properly by her in-laws. Due to this reason, petitioner had left her matrimonial house and started living with Parminder Kumar, who was disinherited by his parents. No evidence to connect the petitioner with the crime. Petitioner is ready to join investigation. Learned State counsel argued that deceased was residing with the petitioner, but the petitioner used to misbehave and mal-treat the deceased. On account of harassment at the hands of the petitioner, the deceased had consumed some poisonous substance. Custodial interrogation of the petitioner is required under what circumstances the deceased had consumed poisonous substance. Admittedly, the petitioner was married and from this wedlock, she had one daughter. After leaving her in-laws’ house, the petitioner started residing with the deceased. Death is due to poisonous substance. At the time of death, the deceased was residing with the petitioner. Custodial interrogation of the petitioner is required under what circumstances, the deceased had consumed poisonous substance. Relief under Section 438 Cr.P.C. is discretionary and the discretion is to be exercised judiciously and sparingly, keeping in view the nature of offence and position of the victim vis-à-vis the accused. Keeping in view the nature of offence, petition being without merit is dismissed. 3.11.2009 ( JORA SINGH ) pk JUDGE