IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-8520 of 2011 DATE OF DECISION: April 18, 2011 Rahul Ahir …..Petitioner versus State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Navkiran Singh, Advocate for the petitioner Mr.Arshvinder Singh, DAG, Punjab .. RAJAN GUPTA, J.: This is a petition under section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under sections 406/498-A/312/314/315/506/323/ 120-B/316/511 IPC vide FIR No.11 dated 4.2.2011 at police station Lambra, District Jalandhar. Learned counsel for the petitioner argued that allegations levelled by the complainant in the FIR are totally false and frivolous. He emphasised that marriage between the petitioner and complainant was a result of love affair and thus, there was no question of any demand of dowry. He submitted that allegation that the complainant aborted as a result of blows given on her abdomen is totally false. He submits that this is clear from the medico-legal report which shows no injury on the abdomen of the complainant. Learned counsel also submitted that on 17.10.2010 the complainant had sent certain messages from Crl.Misc.No.M-8520 of 2011 - 2 - her mobile in which she had threatened that she would take revenge. Learned State counsel, however, vehemently opposed the prayer for pre-arrest bail. He submitted that complainant was mal-treated in her matrimonial home. Demand of Rs.10 lacs was made from her parents. According to him, a perusal of medical record shows that complainant was three months pregnant. However, she was assaulted by the accused including the petitioner. Kick blows were given on her abdomen after which she felt severe pain. Her father took her to hospital where she aborted. He also referred to medico-legal report dated 18.10.2010 and submitted that version given by the complainant was supported by the medical evidence. According to him, there was diffused swelling on forehead of the complainant as well as reddish contusion. Similar contusion was present on back of scapular and clavicular area and patient complained pain in abdomen. I have heard learned counsel for the parties and given careful thought to the facts of the case. FIR was lodged by the complainant wherein she alleged that she was married to Rahul Ahir (petitioner herein) on 5.10.2008. Sufficient dowry articles were given at the time of marriage to meet the demands of family of the husband. She was, however, mal-treated and was subjected to physical cruelty due to demand of dowry. On 18.10.2010 when she was three months pregnant, she was subjected to physical violence. She was assaulted at that Crl.Misc.No.M-8520 of 2011 - 3 - time by the accused including the petitioner. Demand of Rs.10 lacs was made on her. A perusal of medico-legal report dated 18.10.2010, which is on record in the case diary, shows certain marks of physical violence. According to said medico- legal report, patient also complained of pain in the abdomen region. According to prosecution, as a result of said assault particularly injuries given on the abdomen, the complainant miscarried. The medico-legal and ultrasound reports are both on record. It is on this basis that offences under sections 312,314 and 315 IPC were included in the FIR. Under these circumstances, I am of the considered view that petitioner is not entitled to concession of pre-arrest bail. This prayer is thus, declined. Dismissed. Case diary be returned. April 18, 2011 ( RAJAN GUPTA ) pc JUDGE