In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 26411 of 2010 (O&M) Date of decision: 28.9.2010 Manoj Kumar ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sushil Jain, Advocate, for the petitioner. Mr.Satyavir Singh Yadav, DAG, Haryana. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 188 dated 30.3.2010, under Sections 304-B, 506, 120-B and 34 of the Indian Penal Code registered at Police Station City Ballabgarh District Faridabad. The allegations, as levelled in the FIR, against the petitioner are that the petitioner and his family members had been harassing deceased Sunita on account of insufficient dowry. The petitioner and his family members had also been giving beatings to Sunita and as a result of this, she had died. Learned counsel for the petitioner has submitted that in Criminal Misc. No.M- 26411 of 2010 (O&M) -2- fact, the wife of the petitioner had died in child birth. The heart beat of the child had stopped and due to this reason, deceased Sunita had delivered a dead child. Thereafter, the bleeding could not be controlled and deceased Sunita died due to excessive bleeding. All the other accused were exonerated during police enquiry. Learned counsel has further submitted that now the complainant has sworn in an affidavit (Annexure P-10) to the effect that he had lodged the FIR due to mental pressure and due to misunderstanding. He did not want to take any further action in the matter. Learned State counsel, on the other hand, has opposed this petition. Keeping in view the submissions made by learned counsel for the petitioner, it would be just and expedient to release the petitioner on bail. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. The petitioner is ordered to be admitted to bail subject to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate Faridabad. (SABINA) JUDGE September 28, 2010 anita