Crl. Misc. No.M-37538 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM Nos.5813-14 of 2011 in Crl. Misc. No.M-37538 of 2010 Date of decision: 02.02.2011 Surinder @ Kakku .. Petitioner Versus State of Haryana .. Respondent Present:- Mr.P.S. Sullar, Advocate, for the petitioner. Mr.Harmeet Singh Deol, Addl.A.G., Haryana. * * * * S.S. SARON, J. CRM No.5813-14 of 2011 The copy of the FIR No.448 dated 30.07.2010 registered at Police Station Thanesar City, District Kurukshetra, attached with the criminal miscellaneous applications is taken on record. The criminal miscellaneous applications stand disposed of. CRM No.M-37538 of 2010 Heard counsel for the parties. The petitioner prays for grant of regular bail in a case registered against him on 30.07.2010 for the offences under Section 307, 109,116 and 506 IPC and Section 27-A of the Arms Act; besides, Section 498-A IPC, which was added later on, at Police Station Thanesar City District Kurukshetra. The FIR, in the case, has been registered on the Crl. Misc. No.M-37538 of 2010 ::2:: statement of the complainant-Niranjan Singh, who is father of Anita Rani wife of the petitioner Surinder @ Kakku. The marriage between Anita Rani (daughter of the complainant) was solemnized with the petitioner on 02.09.2006. They have one daughter aged about two years namely Adita. The complainant has alleged that the petitioner has been harassing his daughter Anita in connection with the demands of dowry. He had been beating her. The complainant-Niranjan Singh and his wife-Sona Devi; besides, his brother-in-law Ram Chander had tried to make the petitioner understand many times. He had started behaving properly for some time but again about two months earlier to the registration of the FIR, he gave a beating to the daughter of the complainant by raising the issue of inadequate dowry. Due to this, the daughter of the complainant along with her two years' daughter namely Adita came to him at Kurukshetra. After about one month, the son-in-law of the complainant namely Surinder @ Kakku (petitioner) came to the house of the complainant and in his absence and in the presence of his wife-Sona Devi, he beat his daughter- Anita. The wife of the complainant rescued her and he went away while threatening that he would take revenge. On 28.07.2010 at about 1.00/2.00 p.m. in the afternoon, the petitioner came in a car and forcibly took Adita- grand-daughter of the complainant (dohti). The complainant had gone out for his personal work. The complainant had called his brother-in-law Ram Chander to his house for talking to Surinder @ Kakku. They were to meet on the following day of the registration of the FIR to discuss the matter. On the day of the incident i.e. 30.07.2010 at about 6.30 p.m., when the complainant and his brother-in-law were sitting in the room and talking with each other, then the petitioner, with his elder brother Baljit, Jarnail son of Banarsi and Pawan Kumar, who is partner of son-in-law Surinder @ Kakku (petitioner) of the complainant in his liquor business entered inside his Crl. Misc. No.M-37538 of 2010 ::3:: house and his son-in-law Surinder @ Kakku (petitioner) told his (complainant's) daughter to accompany them. On hearing his (petitioner's) voice, the complainant came out and his brother-in-law Ram Chander said that since he had come to their house himself, they would sit and talk calmly. Upon this, complainant's son-in-law (Surinder @ Kakku) took out his licensed revolver and pointed it towards his (complainant's) daughter and threatened her to accompany him quietly otherwise he would kill all the people. The complainant, his wife-Sona Devi and his brother-in- law Ram Chander along with his (complainant's) elder son asked petitioner with folded hands not to open fire and they would discuss the matter by sitting down. On this, Baljit exhorted to bring the gandasi which is with him and asked to Surinder @ Kakku to fire and that he would manage the business after him. Upon this, the petitioner pointed the pistol but Jarnail Singh and Pawan Saini stopped him (Surinder) from firing. Surinder @ Kakku (petitioner) again pointed the pistol to fire and when he was about to press the trigger then the complainant pushed down the revolver with his hand and the shot hit on hard surface (pucca floor). When he (Surinder @ Kakku) again tried to fire, then Jarnail Singh and Pawan Saini stopped him. But Baljit continued to instigate his brother (petitioner) to fire and they forcibly took him out. The complainant then bolted the door from outside. It is stated that while leaving Surinder @ Kakku (petitioner) threatened the complainant that today he had been saved, in future they would finish him. The complainant went to the roof and saw that all the assailants sat in the Swift Dzire car and went away. After giving my thoughtful consideration to the matter, it may be noticed that no injury has been suffered by any person in the incident that occurred on 30.07.2010. The petitioner is alleged to have created an unruly scene in the house of his in-laws and threatened the Crl. Misc. No.M-37538 of 2010 ::4:: daughter of the complainant and also his daughter (who is the grand- daughter of the complainant) to accompany him. This aspect, however, to be established by the prosecution by leading evidence. The petitioner was arrested in the case on 20.10.2010 and since then he is in custody. The charge report (challan) in the case has been filed on 14.01.2011. The prosecution has cited 18 Pws. The trial, therefore, in the case, is likely to take time. The dispute between the parties is a matrimonial one. Keeping in view the nature of the allegations and also the fact that the dispute is a matrimonial one; besides, the charge report (challan) has been filed, it would be just and expedient that if during the trial of the case, the petitioner is admitted to bail on his furnishing personal bond and two sureties one of a responsible person of his locality who shall undertake that while on bail, the petitioner shall maintain peace and good behaviour. The petitioner shall also file an undertaking in this regard. Accordingly, the petitioner on his furnishing personal bond and two sureties in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kurukshetra, and one of the sureties of his locality who shall undertake that while on bail, the petitioner shall maintain peace and good behaviour; besides, the petitioner himself shall file an undertaking that while on bail, he shall maintain peace and good behaviour and in case of his failure to do so, his bail shall be liable to be cancelled, shall be admitted to bail. The criminal miscellaneous petition stands disposed of. (S.S. SARON) February 02, 2011 JUDGE sukhpreet