IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 908 of 2009 Date of decision : 5.11.2009. Vijay Kumar …Petitioner. Versus State of Himachal Pradesh . …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. Rakesh Jaswal, Advocate. For the Respondent : Mr. R.P.Singh, Assistant, Advocate General. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 168 of 2008 dated 24.8.2008 registered at Police Station, Jawalamukhi, District Kangra, under Sections 498-A, 306 IPC. Status report has been filed. 2. Heard and perused the record. On the statement of Gian Chand under Section 154 Cr.P.C. recorded on 24.10.2008 the case was registered. On behalf of the petitioner, it has been submitted that the petitioner and deceased were married about 17 – 18 years back and they had two children from the marriage. The deceased ended her life on 23.10.2008 and as a result thereof the ______________________ 1 Whether reporters of Local Papers may be allowed to see the Judgment ?. yes 2 case was registered implicating the petitioner. It has been submitted that the petitioner is innocent. The investigation in the case is over and personal custody of the petitioner is not required. The petitioner is ready to furnish bail bonds in case he is released on bail. It has been submitted that the petitioner had earlier filed bail application which was rejected on 28.11.2008 by the learned Additional Sessions Judge (I), Kangra at Dharamshala. On behalf of the petitioner, the learned counsel for the petitioner has prayed for grant of bail to the petitioner. 3. The bail application has been opposed by the learned Assistant Advocate General on the grounds that the marriage of Krishna Devi daughter of Gian Chand complainant had taken place 17 – 18 years ago with petitioner and they had two children aged 12, 14 years. The relations of the couple were good and cordial for initial 8 – 10 years. Thereafter, the petitioner started troubling the deceased. It has been alleged that Vijay Kumar used to give beatings to deceased after taking liquor. On 18.10.2008 the marriage of the grand-son of the complainant was fixed and on that date the petitioner consumed excessive liquor and gave beatings to Krishna Devi. On 21.10.2008 petitioner and Krishna Devi went to their home but in the matrimonial home the petitioner again started giving beatings to Krishna Devi. This was disclosed by Krishna Devi to her sister and brother-in-law, who went to the house of Krishna Devi and advised the petitioner and Krishna Devi to live peacefully in future. On 23.10.2008 Vijay Kumar at about 7.30/ 8.00 a.m. informed the complainant on telephone that Krishna Devi had died and he would also die. It has been alleged that because of cruel behaviour of the petitioner, Krishna Devi had 3 consumed some poisonous substance and ended her life. On this the case was registered. The petitioner was arrested on 24.10.2008. The challan has been submitted on 20.12.2008 and now the next date of hearing is fixed on 5.11.2009. The learned Assistant Advocate General has prayed for dismissal of the bail application. 4. I have considered the rival contentions of the learned counsel for the parties. The doctor has given final opinion that deceased had died due to shock caused by poisoning. The learned Assistant Advocate General has submitted that the children of the petitioner are the prosecution witnesses and in case the petitioner is released on bail, there is every likelihood that petitioner will influence his children. It has been submitted that the children of the petitioner are living with their paternal grand-mother. 5. It is the case of the prosecution that for initial 8 / 10 years the relations between the petitioner and deceased Krishna Devi were cordial and only thereafter the petitioner started maltreating the deceased. In other words, the maltreatment according to prosecution continued for 7 / 9 years. On the pointed query of this Court, the learned Assistant Advocate General has submitted that during this period the deceased had not lodged any written complaint either herself or at the instance of anyone else to the Panchayat or other lawful authorities regarding misbehaviour of the petitioner. The deceased has not left behind any writing. 6. According to prosecution the recent misbehaviour of the petitioner was in the form of beatings given to the deceased on 18.10.2008 and 21.10.2008. The deceased had died on 23.10.2008. 4 It is the case of the prosecution that petitioner himself informed his inlaws regarding the death of his wife. The petitioner is in custody since 24.10.2008. The investigation in the case is complete. The trial will take some time , no purpose will be served to keep the petitioner in custody for indefinite period. The apprehension of the learned Assistant Advocate General is that the petitioner will influence his children who are prosecution witnesses if he is released on bail. But there is no substance in the apprehension, the children are already living with the paternal grand-mother. 7. The petitioner has made out a case for grant of bail. Accordingly, the application is allowed. The petitioner is ordered to be released on bail on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the trial Court in FIR No.168 of 2008 dated 24.8.2008 under Sections 498-A, 306 IPC, Police Station Jawalamukhi, District Kangra, H.P. with the condition that the petitioner shall not tamper with the prosecution witnesses. 8. The observations made in this order are for disposal of this application only and the same shall not be treated as expression of opinion on the merits of the case. Copy dasti. November 5, 2009. ( Kuldip Singh ) (GR) Judge.