Cr.Misc. M 2846 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 2846 of 2011 Date of decision: 8.11.2011 Rajesh Kumar petitioner vs State of Punjab and another respondent Present:- Mr. ADS Ghuman, Advocate Mr. Kirat Singh, DAG, Pb Mr. RK Arora, Advocate M.M.S.BEDI, J. The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of his wife Manisha Sharma alleging that she had been maltreated by her husband and his family members as demand of Rs.5 lacs, raised by the petitioner, could not be met. The marriage between the petitioner and the complainant had taken place on 26.2.2010. The parties have been residing separately w.e.f. August 2010. The dowry articles, including 20 tolas of gold entrusted to the petitioner and his family members, have been misappropriated. An attempt was made to amicably settle the dispute in view of the fact that both the petitioner and the complainant are educated. The petitioner is M.S.C.M. Tech. (environmental Science and Engineering ) and the complainant is M.Tech. The matter could not be settled before the Cr.Misc. M 2846 of 2011 2 Mediation and Conciliation Centre. Another attempt was made to resolve the matrimonial controversy by asking the petitioner and complainant to appear in court. The petitioner offered to resume cohabitation but the complainant apprehended that it was not safe for her to stay with him on account of his previous conduct. The bail petition has been opposed inter alia on the ground that some dowry articles are yet to be recovered. The complainant expressed her ignorance about the articles, which have already been recovered by the police. She was advised to seek possession of the articles for her use. After hearing the petitioner and the complainant for some time, it appears that the matrimonial misunderstanding cropped up between the couple would require some time to settle down. Unless until there is mutual trust between the couple, it is not possible to amicably settle the dispute. The petitioner has joined the investigation and it does not appear to be a case of custodial interrogation. The complainant can be compensated for the articles, which are yet to be recovered. In view of the above circumstances, the petition is allowed and the petitioner will be released on bail to the satisfaction of the arresting officer subject to the following conditions. i) petitioner will join the investigation as and when required by the police; ii) he will not tamper with the evidence or hamper the investigation in any manner; and that iii) he will pay a sum of Rs.1 lac to the complainant in the shape of bank draft within a period of one month. The Cr.Misc. M 2846 of 2011 3 investigation officer will hand over the said bank draft to the complainant without prejudice to the rights of the parties to be finally settled. Violation of any of the conditions will entitle the complainant to seek the cancellation of bail. November 8 , 2011 (M.M.S.BEDI ) TSM JUDGE