Criminal Misc. No. 18521 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-18521 of 2009 (O&M) Date of decision: 27.8.2009 Kishori Kalra .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. L. S. Virk, Advocate for the petitioner. Mr. A. S. Brar, Senior Deputy Advocate General, Punjab. ... Rajesh Bindal J. The petitioner is an accused in FIR No. 83 dated 1.4.2009, registered under Sections 306/374/34 IPC at Police Station, Rajpura City, District Patiala. The FIR in question was registered on the statement of mother of the deceased- Pooja Rani with the allegation that her daughter, who was living with the accused, to whom the elder sister of the deceased was married, had committed suicide on account of harassment and sexual exploitation by him. Learned counsel for the petitioner submitted that allegations against the petitioner in the FIR are totally false. The petitioner, who is married with elder sister of the deceased, had helped the deceased to pursue her studies at Patiala while staying at their residence at Rajpura. The allegations in the FIR that the deceased was subjected to sexual intercourse are totally false. The deceased was staying with the petitioner for the last 2/3 years and there was no complaint regarding any such incident during this period. In fact, the family of the complainant has a suicidal history. Earlier on account of harassment by the complainant, her son, namely, the brother of the deceased, committed suicide in 1995. Thereafter, in 1996, first husband of Kiran Bala, wife of the petitioner, committed suicide because of mental harassment by the complainant and even the wife of the petitioner. He further submitted that the deceased left the house of the petitioner in May, 2008 as she got job in National Public School, Lalru. However, she came back to the house of the petitioner in October, 2008. Had there been any history of harassment by the petitioner, the deceased would not have come back Criminal Misc. No. 18521 of 2009 [2] voluntarily again to his house. On the other hand, learned counsel for the State submitted that in the post-mortem report, it was found that external introitus admits two fingers easily and hymen was torn and healed. Test report of vaginal swab taken confirmed the presence of semen. However, learned counsel was not able to point out as to whether presence of semen was further linked with the accused or any other person. He further submitted that the allegations in the FIR are quite serious and considering the same, the petitioner does not deserve the concession of bail. After hearing learned counsel for the parties and considering their arguments, especially that there was no complaint of any harassment for 2/3 years when the deceased stayed with the petitioner and also that even after she had got a job in May, 2008, but after leaving the same she again came to stay with the petitioner in October, 2008 and the suicide was committed on 31.3.2009, I find that the petitioner deserves the concession of bail as the trial in the present case is going to take some time. Accordingly, it is directed that the petitioner shall be released on bail pending trial, subject to his furnishing bail bonds to the satisfaction of Chief Judicial Magistrate/ Duty Magistrate, Patiala. The petition stands disposed of. (Rajesh Bindal) Judge 27.8.2009 mk