CRM-M 16900 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM-M 16900 of 2009 Date of Decision: 5.11.2009 Gurnam Singh ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.B.R.Vohra, Advocate for the petitioner. Mr.Narender Sura, AAG Haryana for the respondent/State. Mr.Rajinder Goyal, Advocate for the complainant. RAKESH KUMAR JAIN, J. (Oral) This is a petition under Section 438 of the Code of Criminal Procedure (for short `Cr.P.C.') for grant of anticipatory bail in case registered vide FIR No.113 dated 14.5.2009 under Sections 323, 406, 498-A IPC at Police Station Pundri, District Kaithal. The allegations against the petitioner are of subjecting the complainant to cruelty and harassment for want of dowry. In Para 6 of the FIR, the complainant has specifically alleged that at the time of marriage, dowry articles mentioned at Serial No.1 to 11 in Annexure A were entrusted to the complainant. Counsel for the petitioner has submitted that after having been released on interim bail on 24.6.2009, the petitioner has joined the investigation and most of the dowry articles have been recovered. It is alleged that brother of the complainant Krishan and Jagbir accompanied by Shamsher Singh r/o village Jai Singh Pura and Pal brother of Rameshwar CRM-M 16900 of 2009 -2- Dass brought a canter and took her back alongwith all the dowry articles which they carried in the said canter. As against this, counsel for the State assisted by the counsel for the complainant submits that out of the articles mentioned in Annexure A, some of the dowry articles are yet to be recovered. Keeping in view the facts and circumstances of the case especially the averment made in para 2 of the petition with regard to taking away dowry articles by brother of the complainant, order dated 24.6.2009 is hereby made absolute. The petitioner shall, however, keep on joining the investigation and also abide by the provisions of Section 438(2) Cr.P.C. It is however, made clear that nothing stated herein shall be construed to be an expression of opinion on the merits of the case. The petition stands disposed of. (Rakesh Kumar Jain) 5.11.2009 Judge Meenu