CRM No.M-7909 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-7909 of 2011 Date of decision 21.03.2011 Varun Kumar ......Petitioner Versus State of Punjab ......Respondent Present: Mr. Anmol Partap Singh, Advocate for the petitioner. S.S. SARON, J. The petitioner seeks pre-arrest bail in case FIR No.49 dated 1.6.2010 registered at Police Station Balachaur, District SBS Nagar, for the offences under Section 304-B and 34 IPC. The FIR in the case has been registered on the statement of Viney Kumar, cousin brother of Sonika (deceased). In his statement, he has stated that Sonika daugther of his paternal uncle Balak Nath, was married to Karan alias Goldi. The said marriage was solemnized on 06.02.2004. According to the complainant, they had spent beyond their capacity and had also given streedhana to Sonika. However, after sometime of the marriage Sonika's husband Karan alias Goldi, brother-in- law (Devar) Varun (petitioner) and paternal uncle Babbu alias Ravinder started harassing her and they had demanded `10 lacs from Sonika as Karan alias Goldi wanted to go to America. The complainant could not fulfil their demand on account of which Sonika was further ill-treated. She had been informing her parents that her in-laws were harassing her besides demanding money from her. The parents had tried to make her in-laws understand on many occasions. On 31.05.2010, the complainant side CRM No.M-7909 of 2011 2 received a telephonic call from Sonika that her in-laws were really harassing her and they would kill her. The complainant-Viney Kumar said that they informed Sonika that they would come on the next day i.e. on 1.6.2010. The complainant side were present in their house when they received information that Sonika had been killed by her in-laws family. When they reached the house of Sonika at Balachaur, the dead body was found lying in the courtyard which had mark of injuries on her neck and the members of the house had fled the house. According to the learned counsel for the petitioner, the petitioner is brother-in-law (Devar) of the deceased-Sonika and he had no connection with the matrimonial life of Sonika and her husband Karan alias Goldi; besides he was not to be benefitted by making of demand for money from the deceased. It is submitted that the cause of death according to the post mortem report (Annexure P-2) is mentioned as asphyxia due to hanging which is ante mortem in nature. Therefore, according to learned counsel for the petitioner, it is a case of suicide by Sonika. A reference has been made to the enquiry conducted by Superintendent of Police (Detective), SBS Nagar, who exonerated the petitioner and the challan was filed only against Karan alias Goldi. Later the police arrested Ravinder Kumar alias Babbu uncle of the petitioner. The police filed a supplementary challan against him on 31.08.2010. However, the petitioner was still not challaned. It is later on an application made by Smt.Naresh Rani, mother of the petitioner that an enquiry was conducted by Superintendent of Police (Detective), SBS Nagar and in the said enquiry Ravinder Kumar alias Babbu was found innocent and it was recommended that he be discharged from the case. It is submitted that the petitioner was also found innocent in the investigation. After giving my thoughtful consideration to the facts of the present case, it is revealed that the case relates to unnatural death of CRM No.M-7909 of 2011 3 Sonika in her matrimonial house. The petitioner is the husband's younger brother (Devar) of the deceased-Sonika. During the investigation he was found innocent. However, the learned Additional Sessions Judge, in terms of order dated 23.12.2010 (Annexure P-6) has summoned the petitioner as an additional accused. The revision petition filed by the petitioner against the said order has been dismissed by this Court. The custody of the petitioner is not required for the purposes of investigation, but all the same, it is a case that involves serious allegations of death of a married girl in her matrimonial home, who was married to the elder brother of the petitioner namely Karan alias Goldi on 06.02.2004 and the incident occurred on 01.06.2010 within seven years of the marriage. Therefore, in the facts and circumstances, no ground for grant of anticipatory bail is made out. However, it would be just and expedient that if the petitioner files an application for regular bail, the learned trial Court considers the said application of the petitioner for regular bail and till such application is considered, grant interim bail to the petitioner. Accordingly, criminal miscellaneous petition seeking anticipatory bail is dismissed. However, the petitioner shall appear before the learned trial Court within 3 days of the receipt of copy of this order and on his filing an application for regular bail, the learned trial Court shall consider the same soon thereafter, and till such consideration, the learned trial Court shall grant interim bail to the petitioner. Nothing stated herein shall be construed as an expression of opinion on the merits of the case and the learned Trial Court shall consider the evidence and material as adduced before it. March 21, 2011 (S.S.SARON) Jyoti 1 JUDGE