Crl. Misc. No. M- 4825 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 4825 of 2010 (O&M) Date of Decision: April 27, 2010 Baljit Kuar ........Petitioner Versus State of Punjab ........Respondent CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. L.M. Gulati, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. Mr. D.S. Pheruman, Advocate for the complainant. SABINA, J. Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure (in short 'Cr.P.C.') for grant of anticipatory bail in case FIR No.100 dated 24.12.2009, under Sections 304-B/34 of IPC, Police Station G.R.P. Amritsar, District- Amritsar. The case of the complainant as per FIR (Annexure P-1) reads as under :- “Statement of Karam Kaur wife of Karam Singh, resident of village Mattewal, house near Shivala Mandir, P.S. Mattewal, District- Amritsar, caste Jat, aged 45 years. Stated that I am a resident of above said address and I am a house wife. I and my husband Karam Singh have two sons namely Lakhiwinder Singh and Sukhwinder Crl. Misc. No. M- 4825 of 2010 (O&M) 2 Singh and two daughters Kanwaljit Kaur and Amarjit Kaur. My elder daughter Kanwaljit Kaur was married around 2 years back i.e. on 26.11.2007 with Sawinder Singh alias Soni son of Harbhajan Sigh, resident of village Khajala, P.S. Mattewal. After around 1 year of the marriage, the in- laws family of Kanwaljit Kaur started demanding dowry and the mother-in law of Kanwaljit Kaur namely Baljit Kaur and sister-in-law Rimpi used to taunt that you have brought less dowry and due to this her mother-in-law Baljit Kaur and sister in law Rimpi even used to beat her. In the in-laws family of Kanwaljit Kaur, was present his uncle-in- law, who was unmarried and husband of Kanwaljit Kaur namely Sawinder Singh alias Soni also used to demand money and they both also used to ask her to bring more money and used to say that these articles are less. You should bring some big item. When Kanwaljit Kaur gave birth to a daughter namely Arshpreet Kaur, then we took articles for the in-laws family, but they used to harass the girl that you get golden chain from your parents and my daughter used to convey to me regarding their demands and used to say that she was being harassed by her mother-in- law Baljit Kaur sister-in-law Rimpi, husband Sawinder Singh and uncle-in-law Sarabjit Singh daily and I feel like I should commit suicide. Yesterday on 23.12.2009, my son- in-law Sawinder Singh gave me a telephone call that he had see off his wife Kanwaljit Kaur and his daughter Arshpreet Crl. Misc. No. M- 4825 of 2010 (O&M) 3 Kaur at 11 a.m. by helping them board the bus for Mattewal from Khujala Bus Stand. I told him that so far they had not reached. I alongwith my husband Karam Singh and Jassa son of Sajjan Singh started searching for her and we reached near Gurudwara Guru Da Ber where my son-in-law and his sister Rimpi met us. I My son-in-law told that a dispute had taken place in my house. They had used bad words against Kanwaljit Kaur due to which she had left the family. I understood that they were harassing my daughter for dowry and my daughter had left her in- laws family after getting fed up. We waited for our daughter for the whole day and also searched her in the relatives, but could not trace her. Today on 24.12.2009, we read in the Ajit news paper that one lady alongwith a small child has committed suicide by jumping in front of the train. I alongwith my family members and Panchayat reached Railway police station Amritsar, where I saw the dead bodies of my daughter Kanwaljit Kaur and grand daughter Arshpreet Kaur. I identified the body. My daughter Kanwaljit Kaur has committed suicide because of the reason that her mother-in-law Bajit Kaur,husband Sawinder Singh, sister-in-law Rimpi and uncle-in-law Sarabjit Singh used to harass her for bringing insufficient dowry and due to this my daughter Kanwaljit Kaur alongwith her daughter Arshpreet kaur had jumped in front of running train between Jandiala and Tangra and has Crl. Misc. No. M- 4825 of 2010 (O&M) 4 committed suicide. Kindly take legal action against the in- laws family. My statement has been given, read over and after finding it correct has signed it.” Learned counsel for the petitioner has submitted that in an enquiry conducted by Station House Officer, P.S. G.R.P. Amritsar petitioner has been found innocent. Petitioner was residing at Hyderabad and had been falsely involved in this case. Learned State Counsel, who is assisted by the counsel for the complainant, has submitted that in an enquiry approved by Inspector Gerneral of Police, G.R.P. Punjab, Patiala petitioner alongwith her other co- accused had been found guilty. The said enquiry report has been submitted on 25.3.2010. The deceased had jumped before a running train alongwith her minor daughter on account of harassment meted out to her on account of demand of dowry. Keeping in view the serious allegations against the petitioner, no ground for grant of anticipatory bail is made out. The petitioner has been found guilty in an enquiry conducted by S.P. G.R.P. Amritsar and the said enquiry report has been approved by Inspector General of Police, G.R.P. Punjab, Patiala. The effect of enquiry (Annexure P-3) would be more appropriately gone into and considered during trial. Dismissed. (SABINA) April 27, 2010 JUDGE Anand