In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc.-M No.33923 of 2008 ..... Date of decision:2.2.2009 Amarjit Kaur .....Petitioner v. State of Haryana .....Respondent .... Present: Ms. Divya Godara, Advocate for the petitioner. Mr. Ajay Singh Ghangas, Deputy Advocate General, Haryana for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. The petitioner seeks bail in a case pending against her for the offences under Sections 376, 342, 506 and 34 IPC registered at Police Station City, Sirsa. The complainant has alleged that she was released on bail on 31.10.2008 in a case registered against her for the murder of her husband. The petitioner used to visit the house of the complainant frequently. It is stated that during the imprisonment of the complainant, her minor children used to stay with the petitioner. The petitioner kept the children of the complainant properly for 15-20 days. It is thereafter she started threatening them and after taking money from accused No.1, who is the son of the petitioner and accused No.2, who is the main witness in the murder case of the husband of the complainant, the petitioner asked the daughter of the complainant to please the aforesaid accused No.1 and 2. In this way, it is Cr. Misc.-M No.33923 of 2008 [2] alleged that the petitioner had allowed accused No.1 and 2 to sexually abuse the daughter of the complainant. The complainant got bail in the murder case of her husband. She went home and her daughter told her that she has pain in her stomach. Then she narrated the entire incident to the complainant. When the complainant complained to the petitioner, she threatened her. It was requested before the Police that action be taken against the culprits. Learned counsel for the petitioner has submitted that the prosecutrix, who is the daughter of the complainant, is aged more than 18 years and used to live with the elder brother of the complainant, namely, Surinder Singh, who is a driver. The other two sisters are studying in Class eighth and fifth respectively. It is submitted that the daughter of the complainant, who is the prosecutrix did not disclose any such story to her brother, who was in the house and was elder to her. Therefore, it is submitted that the story has been cooked up by the complainant. Besides, the complainant herself is facing prosecution for the murder of her husband Makhan Ram whose murder was committed by administering Aluminum Phosphide. Learned counsel for the State has submitted that the petitioner is instrumental in allowing her son and Balwinder Singh to sexually abuse the daughter of the complainant and, therefore, she is not entitled to the concession of bail. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is in custody since 22.11.2008. Her custody is not required for the purpose of investigation. The allegations as made in the complaint are to be considered by the investigating agencies and thereafter Cr. Misc.-M No.33923 of 2008 [3] challan filed. The question whether the petitioner indeed has allowed her son and Balwinder Singh to sexually abuse the daughter of the complainant would require consideration during investigation or in case the challan is filed in the Court on the basis of evidence that may be led. In the circumstances, the petitioner on her furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Sirsa shall be admitted to bail. The criminal miscellaneous petition stands disposed of. February 2, 2009. (S.S. Saron) Judge *hsp*