IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-20579 of 2009 Date of decision : August 20, 2009 Anita and another ....Petitioners versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Parminder Singh, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Anita and Vijay Kumar have filed this petition for anticipatory bail in case FIR No. 48 dated 15.4.2008, under sections 323, 506, 307, 34, 406, 498-A IPC, Police Station Madhuwan, District Karnal. I have heard learned counsel for the parties and perused the case file. Vijay Kumar petitioner no. 2 is elder brother of Naresh Kumar husband of complainant Sonia whereas Anita petitioner no. 1 is wife of petitioner no. 2. The allegations in the FIR were that Naresh Kumar on 13.4.2008 slapped complainant and inflicted leg blows on her stomach and thereafter inflicted a knife blow on her stomach and they threw her out of the matrimonial home. Thereafter the petitioners allegedly threatened the complainant to leave the house. Criminal Misc. No. M-20579 of 2009 -2- On investigation, the petitioners were found innocent but they have now been summoned as additional accused on application filed under section 319 Cr.P.C. Learned counsel for the petitioners contended that there was no allegation against the petitioners in the FIR or during investigation except that the petitioners had, after the occurrence by the complainant's husband, threatened the complainant to leave the house. However, in the witness box the complainant had levelled many allegations against the petitioners for the first time. Keeping in view the aforesaid but without meaning to express any opinion on the merits, the instant petition is allowed. If the petitioners appear in the trial court on or before 12.9.2009, the date said to be fixed there, they shall be released on bail on furnishing bail bonds to the satisfaction of the trial court. ( L.N. Mittal ) August 20, 2009 Judge 'dalbir'