CRM No.M-12272 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-12272 of 2011 Date of Decision: 25.11.2011 Sanjiv Kumar @ Sanjeev Kumar ..... Petitioner Versus State of Punjab ..... Respondent CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI Present: Mr. Sandeep S.Majithia, Advocate, for the petitioner. Mr. P.S. Bjawa, DAG, Punjab. Mr. Sachin Sharma, Advocate, for the complainant. M.M.S. BEDI, J. The petitioner and the complainant have certainly stayed together as husband and wife. On account of a dispute having arisen between them the allegations of rape have been levelled against the petitioner. On 26.08.2011 counsel for the petitioner and complainant had informed that parties had been residing together. They were directed to appear before the Court. It has been informed today that on account of a dispute between the parties, they have now again started living separately. Counsel for the complainant has intervened to oppose the application for pre arrest bail contending that the complainant is on family way and that there is certainly a matrimonial dispute existing between the parties. It is claimed that in case, the petitioner is sent behind bars only then ends of justice would be adequately met. I have heard counsel or the petitioner, counsel for the complainant and State counsel and carefully considered the facts and circumstances of CRM No.M-12272 of 2011 -2- this case. It is certainly a case of atrocities towards a female as per the allegations raised in the complaint but the provisions of Section 376 IPC cannot be used as a weapon by the complainant to sort out the matrimonial controversies which have arisen between petitioner and complainant. The petitioner had earlier as well as before this Court has expressed his desire to keep the complainant with him as his wife. The petitioner still insists that complainant should come and stay with him. Taking into consideration the totality of abovesaid circumstances, the interim order dated 23.05.2011 is hereby confirmed. It is ordered that in case of arrest of petitioner in offence under Section 376 IPC, he shall be released on bail to the satisfaction of Arresting Officer subject to the condition that he will join investigation as and when required and he will not tamper the evidence and hamper the investigation in any manner. Disposed of. It is oberved that this order will not prejudice the right of the complainant to seek any other legal remedy on civil and criminal side in case she feels aggrieved by any conduct of the petitioner. Anything said in this order will not prejudice the rights of the petitioner in said eventuality. (M.M.S. BEDI) 25.11.2011 JUDGE manju