IN THE HIGH COURT OF HIMACHAL PRADESH,SHIMLA. Cr.M.P.(M) No. 865 of 2011 Date of decision: 3.11.2011 _______________________________________________________ Kashmir Kaur and others ….. Petitioners. Versus State of Himachal Pradesh. …. Respondent. ________________________________________________________ Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1No For the Petitioners : Mr. Sanjeev Bhushan, Advocate. For the Respondent : Ms.Ruma Kaushik, Addl.Advocate General. Kuldip Singh, J (Oral) This is an application for releasing the petitioners on bail under Section 438 Cr.P.C. in FIR No.262/11 dated 14.10.2011, registered at Police Station, Haroli, District Una for offences punishable under Sections 498A, 406, 506, 34 IPC. The Status report has been filed which has been perused. 2. It has been stated that the petitioners are women and they have been falsely implicated in the case. The petitioners are innocent and they have nothing to do with the commission of offence. In view of registration of the case, the petitioners apprehend their arrest in the above case. 3. It has been stated that on account of family dispute the relations between son of petitioner No.1 and her wife are not cordial. Whether the reporters of the local papers may be allowed to see the Judgment?Yes The in-laws of son of petitioner No.1 have become vindictive and therefore, they are trying to falsely implicate the petitioner No.1 and her family. The petitioner No.1 is the mother-in-law, petitioner No.2 is the sister-in-law (Jethani) and petitioner No.3 is also sister-in-law (Nanad) of complainant Harvinder Kaur. Harvinder Kaur is not living with petitioner No.1. 4. The petitioner No.3 is married and is living in another village. The petitioners are ready to join the investigation and furnish bail bonds in accordance with the directions of this Court. They have prayed for bail under Section 438 Cr.P.C. 5. The learned Addl. Advocate General has opposed the bail application on the basis of status report. It has been stated that the case has been registered in terms of the directions of learned Judicial Magistrate Ist Class, Court No.2, Una under Section 156(3) Cr.P.C. No case under Sections 364, 342, 511 IPC has been made out. The petitioners have joined the investigation but they are not giving definite information of the “Istri Dhan” of the complainant. The recoveries are to be made in the case. The prayer has been made for rejection of the bail application. 6. I have heard the learned counsel for the parties and have also gone through the record. The case has been registered under Section 156(3) Cr.P.C. The marriage between complainant and Baljinder Singh Mann took place on 2.12.2009. In the status report, it has not been stated that what recovery is to be made from which accused. The complainant in her statement under Section 161 Cr.P.C. has stated that FD of ` 5 lacs was got prepared by her father in the name of her husband. The amount of the FD was transferred in the joint account of complainant and her husband. The husband of complainant pressurized her to withdraw the amount. The amount of ` 5 lacs was utilized by her husband. The petitioners used to torture her for household work and they used to taunt her. She has given birth to a son on 19.5.2010, her in-laws did not spend anything on her delivery. On 8.10.2011 when she went to her in-laws alongwith the newly born child, her mother-in-law did not open the gate. She instead asked whether the complainant had brought the ‘policy’ or not, the complainant could not enter the house. 7. The allegations in the complaint and her statement under Section 161 Cr.P.C., are mainly directed against her husband. The allegations against the petitioners are regarding household work. It has also been alleged that petitioner No.1 did not allow the complainant to enter the house when she went there after the birth of her son. Thus, keeping in view the facts and circumstances of the case, the petitioners have made out a case for the grant of bail under Section 438 Cr.P.C. 8. Accordingly, application is allowed. In the event of arrest, the petitioners are ordered to be released on bail in FIR No.262/11 dated 14.10.2011, registered at Police Station, Haroli, for offences punishable under Sections 498A, 406, 506, 34 IPC, on furnishing their personal bonds in the sum of ` 20,000/- each with one surety each of the like amount to the satisfaction of Arresting Officer, with the condition that the petitioners shall continue to join the investigation as and when called by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioners are women; therefore, they shall be interrogated strictly in accordance with law. 9. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case. Copy ‘Dasti’. November 3, 2011 (Kuldip Singh), (sks) Judge.