Crl. Misc. No. M- 34016 of 2011 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 34016 of 2011(O&M) Date of Decision: November 18, 2011 Babita alias Bobby ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr.M.S.Lobana, Advocate, for the petitioner Mr. Anter Singh Brar, Sr. DAG, Punjab for the respondent -State *** Gurdev Singh, J. The petitioner-accused Babita @ Bobby, has filed this petition under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail in FIR No. 81 dated 19.9.2011 registered under Section 304-B, 34 IPC in Police Station, Chabbewal, District Hoshiarpur. She has contended therein that she is the sister of Kapil @ Monu, husband of Monica Rani, whose father got lodged the present FIR. The marriage of Kapil @ Monu was performed on 17.1.2010 and she had already been Crl. Misc. No. M- 34016 of 2011 -2- married to Chander Mohan before that date. She along with her husband and children have been residing separately from her parents and was holding ration card dated 22.2.2008. Monica Rani, unfortunately committed suicide by consuming some poisonous substance on 18.9.2011 and a false case has been got registered against her and the other accused by concocting a version. That version is unnatural, improbable and is too absurd to be believed. She had neither any chance nor any opportunity nor any motive to make any such alleged demand of dowry nor had any occasion to harass the deceased. The allegations made in the FIR are vague and contradictory. The husband of the deceased is working abroad, who transferred huge money to the tune of ` 96,793/-. It was with his earnings that a house was built. Thus, there was no occasion to make any demand of dowry from the deceased or her parents. The FIR was got lodged by Davinder Kumar-complainant, father of the deceased and he narrated therein that after the marriage of his daughter, she was being maltreated and harassed by her in-laws, including the present petitioner. They had also been making demand of dowry and on that ground had been treating her with cruelty. On 18.9.2011, the deceased came to her parental house with her brother, Mandeep Kumar and disclosed, while weeping, that the present petitioner, her mother-in-law, Sudershana and father-in-law, Chaman Lal, gravely insulted her and levelled different types of allegations and also attacked her character and that on account of that insult and humiliation, she consumed poisonous substance. Immediately she was removed to the hospital and subsequently she died at that place. A suicide note was also recovered from the wearing apparels of the deceased and as per that suicide note, which was taken in Crl. Misc. No. M- 34016 of 2011 -3- possession by the police during the investigation, the husband of the deceased was not liking her and had been telling her that she was characterless and all her in-laws were demanding dowry and that she had taken the extreme step of committing suicide, after she got too annoyed on account of those allegations. I have heard learned counsel for the petitioner. It has been submitted by counsel for the petitioner that the petitioner was married before the marriage of the deceased was performed and that she had been living separately from her parents and was holding a separate ration card. He referred to that ration card, which has been annexed with the present petition as Annexure P-1. According to him, there was no occasion with the petitioner to harass or maltreat the deceased on the ground of demand of dowry, and for abetting the commission of suicide by the her. This contention has not appealed to this Court. From the photostat copy of the ration card (Annexure P-1) it is very much clear that the petitioner and her husband and children were holding a separate ration card in which they were recorded to be the residents of village Punja. No such entry of the ration card has been placed on the record to the effect that since the issuance of that ration card, the petitioner had been having the ration against that ration card. Judicial notice can be taken of the fact that usually after the marriage, one gets separate ration card, which is being treated as proof of residence. It is mentioned in the petition itself that the husband of the petitioner is residing and working in Saudi Arabia from the last seven years. In these circumstances, it was quite natural for her to live with her parents. There are specific allegations against her in the FIR and Crl. Misc. No. M- 34016 of 2011 -4- the suicide note that she along with other accused, abetted the commission of suicide by the deceased. She had been harassing and treating the deceased with cruelty on account of demand of dowry. Prima facie offence under Sections 304-B/ 306 IPC is made out against the petitioner. The offences of dowry deaths are on increase these days and those are to be curbed with a hard hand. The persons including women, accused of such like offences, are not entitled to the benefit of bail, keeping in view the gravity thereof and the severity of the punishment prescribed for the same. No ground is made out for grant of anticipatory bail. Petition is dismissed accordingly. (GURDEV SINGH) JUDGE November 18, 2011 PARAMJIT