Crl. Misc.No.M-31360 of 2010 1 IN THE HON'BLE HIGH COURT PUNJAB AND HARYANA Crl. Misc.No.M-31360 of 2010 Date of decision 9.12.2010 Amit Kumar ......Petitioner Versus State of Punjab ......Respondent Present: Mr.Kamaldeep Singh Sodhi, Advocate, for the petitioner. Mr. M.C, Berry, AAG for Punjab. S.S. SARON, J. Heard. Counsel for the parties. The petitioner seeks regular bail in a case registered against him on 26.6.2010 for the offences under Sections 307, 498-A and 120B Indian Penal Code, P.S. Division No.3, District Jallandhar. The FIR in the case has been registered 26.6.2010 on the statement of Smt. Sonia wife of Balvir Sodhi. It is alleged by the complainant that about 10 years back she was married to Balvir Sodhi. Her father gave her dowry as per his capacity and her in-laws family also gave her a lot. But after sometime of her marriage her husband Balvir Sodhi, father-in-law Ram Kishan, mother-in-law Mohinder Kaur and her husband's sister (Nanad) Paramjit Kaur alias Pammi, who is married at Mohalla Santokhpura, started harassing her for bringing money and dowry; besides, they also started taunting her. The complainant told her parents regarding their demands which they used to fulfill, but the in-laws of the complainant were not satisfied and she was harassed. It is alleged that on 24.6.2010 the complainant was tortured and was not given food. The aforesaid accused as also Amit (Petitioner) who is son of husband's sister (Nanad) namely Paramjit Kaur alias Pammi and his husband's sister (Nanad's) Crl. Misc.No.M-31360 of 2010 2 daughter namely Neha, all of them had gathered in a room and were discussing with each other. The complainant spent that night with great difficulty. Next day, in the morning at about 8:00-9:00 a.m., the complainant contacted her brother Sushil Kumar alias Rinku on telephone and requested him to take her from the house of her in-laws, otherwise all of them would kill her. In the meantime, her mother-in-law who was in the kitchen heard her talking on the telephone and she called all the family members. Her father-in-law caught hold of the complainant from her right hand and Amit (Petitioner) caught hold of her from her left hand, while her husband Balvir Sodhi and the girl Neha (daughter of husband's sister Paramjit Kaur alias Pammi) caught hold of her from her legs and pulled her and threw her on the bed. Then her husband's sister (Nanad) Paramjit Kaur alias Pammi caught her from her hair and with one hand she opened her mouth. Her mother-in-law opened one bottle and put the contents of it in her mouth and said that if she (complainant) was saved, they would inject some poisonous injection and if she died they would get rid of from her. She would get her son married in some other rich family. The learned counsel for the State and complainant have, however, submitted that 'ORGANO PHOSPHORUS' pesticide was detected in the gastric levage of the complainant. Therefore, they are not entitled to the concession of bail. It may be noticed that the marriage between the complainant and Balvir Sodhi was performed 10 years earlier to the incident. There has been no other complaint till date. It is to be established by the prosecution as to whether the petitioner was also invovled in the incident. The petitioner is the son of the husband's sister of the complainant. The complainant has involved all the family members. The chances of implicating all family members in such cases cannot entirely be ruled out. Besides, it is submitted that the complainant was admitted in the Crl. Misc.No.M-31360 of 2010 3 Hospital by her husband Balvir Sodhi. The petitioner is in custody since 26.06.2010. The complainant has since been discharged from the Hospital. In the facts and circumstances, the petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Jallandhar shall be admitted to bail. The criminal miscellaneous petition stands disposed of. December 09, 2010 (S.S.SARON) Jyoti 1 Judge