Crl.M.No.M-25906 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-25906 of 2010 (O&M) Date of Decision: September 7, 2010 Nahar Singh .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Parminder Singh, Advocate for the petitioner. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.46215 of 2010 Application is allowed subject to all just exceptions. Crl.M.No.M-25906 of 2010 The present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.20, dated 6.5.2010, under Sections 498-A, 406, 506, 34 IPC, registered at Police Station Phul, District Bathinda. I have heard learned counsel for the petitioner/parties and have gone through the whole record carefully. Brief allegations against the petitioner-accused are that complainant got married with Jugraj Singh, nephew of present petitioner on 28.6.2000. Petitioner is Taya (paternal uncle) of Jugraj Singh. As per allegations there was demand of dowry by husband and co-accused Baljit Kaur, who used to reside at Canada. A sum of Rs.2,50,000/- was given by father of complainant by borrowing the same so that complainant and her husband be sent to Canada. A male child was also born out of the wedlock. At the time of birth of male child, the father of the complainant gave Rs.51,000/- in cash and one gold ring of 5 gms to Jugraj Singh. Further allegations are that petitioner-accused and co-accused gave beatings to the complainant on account of dowry and used to throw her out of the house. Crl.M.No.M-25906 of 2010 (O&M) -2- However, father of complainant used to persuade her to live in the matrimonial home, after making her understand. Petitioner-accused used to incite the husband of the complainant and used to make allegations qua character of complainant. Petitioner-accused is unmarried. He used to keep an evil eye on the complainant. He used to caught hold of the complainant with bad intention and also used to allure her to have physical relations with him and when complainant refused to petitioner, he alongwith Jugraj Singh used to give beatings to her. Petitioner and co-accused used to take liquor together and used to insult the complainant. A few days before Diwali, petitioner called the complainant in the room on the pretext of bringing tea and thereafter he bolted the door from inside with bad intention. Husband of the complainant at that time was out of the house and, however, son of complainant was in the house and hence with great difficulty, the complainant rescued herself from the petitioner-accused. Petitioner-accused in the presence of other persons caught hold the complainant and took her inside while giving her beatings. A panchayat was convened and she was brought to the house of her parents. On 30.10.2009, petitioner-accused called the complainant from mobile bearing No.9471441636 to Mobile No.9464354897 and raised threat to kill her, in case any action was taken against him on the plea that her husband is in his control. Hence, there are serious allegations of acts of harassment and cruelty committed upon the complainant by the petitioner and the co- accused. The matter was also got enquired into by Senior Superintendent of Police, Bathinda, and thereafter the FIR was registered. Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner-accused. Hence, in view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner- Nahar Singh for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 7.9.2010 (Ram Chand Gupta) meenu Judge Crl.M.No.M-25906 of 2010 (O&M) -3-