Crl. Misc. -M No. 14720 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. -M No. 14720 of 2011 (O&M) Date of Decision: 17.8.2011 Sukhbir ..Petitioner. Vs. State of Haryana ..Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present : Mr. Jagjeet Beniwal, Advocate for the petitioner. Mr. Subhash Godara, Addl. Advocate General, Haryana. Rajesh Bindal, J. Prayer in the present petition is for grant of regular bail to the petitioner, who is in custody since April 15, 2011. Besides allegations under Sections 406/498-A IPC, other offence attributed to the petitioner is under Section 316 IPC. It is stated by the complainant that she has been hit by the petitioner and his parents during when she was three months' pregnant. Learned counsel for the petitioner submitted that offence regarding abortion on account of alleged beating, is not made out on the basis of allegations in the complaint or other evidence collected by the Investigating Agency as there is no medical evidence to support that. The complainant in the present case is M.Ed. M.Phil, who is doing Ph.D. as well but still after this incident she had gone to one ANM Nurse at Hisar at her residence who otherwise is posted in some rural dispensary in Tehsil Hansi but the complainant is resident of Hisar. Learned counsel for the State submitted that on account of injuries inflicted by the petitioner and his family members, the complainant aborted her foetus and the crime being heinous, the petitioner does not deserve the concession of bail. However, he did not dispute the fact that except the statement of Meenakshi, ANM Nurse there is no medical evidence with the investigating agency regarding this aspect. Crl. Misc. -M No. 14720 of 2011 -2- After hearing the learned counsel for the parties and considering the aforesaid facts, in my opinion, the petitioner deserves the concession of bail pending trial. He is directed to be released on furnishing of bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate Hisar. The petition stands disposed of. ( Rajesh Bindal ) 17.8.2011 Judge Meenu