Cr.Misc. NO. M 8431 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr.Misc. NO. M 8431 of 2009 DATE OF DECISION 16.4.2009 Rajveer Kaur and others ......PETITIONER VERSUS State of Punjab ......RESPONDENTS PRESENT: Mr. SS Bhinder, Advocate Mr. PS Sidhu, Addl.A.G.Punjab Mr. Naresh Jain, Advocate. M.M.S.BEDI,J. The petitioners seek the concession of pre-arrest bail in a case registered at the instance of complainant Paramjit Kaur, who is alleged to be the first wife of Baaj Singh. As per the allegations in the FIR, petitioner No.1 Rajveer Kaur has got prepared a birth certificate of a child indicating that the said child was born from the womb of Rajveer Kaur whereas the said child was born to Rajpal Kaur, petitioner No.2, who is the wife of Karam Singh, petitioner No.3. Learned counsel for the complainant Paramjit Kaur has put in appearance to oppose the petition for pre-arrest bail contending that Paramjit Kaur has been duped by her husband Baaj Singh as he has contracted a second marriage during the life time of his first wife, as such he is guilty of bigamy. He has also misappropriated the articles belonging to the complainant. I have heard learned counsel for the parties. The argument raised by the counsel for the complainant that she had been maltreated by her husband does not constitute a part of the FIR, for which she has got Cr.Misc. NO. M 8431 of 2009 2 a separate remedy. In case she claims that she has been deprived of her right in the property, on the basis of the said allegations, she can approach the appropriate court to claim her legal rights. So far as the allegations in the FIR are concerned, a perusal of the police file indicates that it is not a case of custodial interrogation of the petitioners. The allegations in the FIR are to be established on the basis of the record, which seems to have already been taken in to consideration by the police. A perusal of the FIR indicates that there are allegations of cruelty and assault against Baaj Singh. Since Baaj Singh is not a petitioner in this case, the petitioners can be granted the concession of pre-arrest bail. Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioners, they will be admitted to bail to the satisfaction of the arresting officer subject to the condition that they will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. April 16 ,2009 ( M.M.S.BEDI ) TSM JUDGE