Criminal Misc. No. M-17567 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-17567 of 2011 (O&M) Date of decision: 19.7.2011 Archana @ Baby .. Petitioner v. State of Punjab .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. G. N. Malik, Advocate for the petitioner. Mr. K. S. Pannu, Deputy Advocate General, Punjab. Mr. R. S. Bains, Advocate for the complainant. ... Rajesh Bindal J. Prayer in the present petition is for grant of pre-arrest bail to the petitioner in FIR No. 18 dated 4.4.2011, registered under Sections 306, 498-A IPC, at Police Station, Urban Estate, Patiala. The petitioner is sister-in-law of the deceased (wife of elder brother of the husband of the deceased). There are in total five accused in the FIR, i.e., husband, father-in-law, mother-in-law, brother-in-law and sister-in-law (Jeth and Jethani). Learned counsel for the petitioner submitted that marriage of the deceased was solemnised on 20.11.2003. On 3.4.2011, she allegedly committed suicide by hanging. The other four accused were arrested and are still in custody. The petitioner along with her husband and children was living at Zirakpur, whereas the deceased along with her husband was living at Patiala. The parents-in-law at the relevant time were living at Criminal Misc. No. M-17567 of 2011 [2] Zirakpur. There is 6-1/2 years old son born out of the wedlock, who at present is living with his Bhua. The petitioner has three minor children. She is in government service. Learned counsel further submitted that there are no allegations against the petitioner in the FIR except that the husband of the deceased was having illicit relations with her, for which there is no material and it is only the statement of father of the deceased made to the police just with a view to see that the entire family is booked. On the other hand, learned counsel for the State submitted that as per the material available on record till date, on the date of incident the husband had come to Zirakpur to take his son back who had come to visit his Tayaji and Tayiji during vacations. It is only after reaching home that the husband found that his wife had committed suicide by hanging. The fact that four other accused were arrested and are in custody is not in dispute. Learned counsel for the complainant submitted that this apparently seems to be a case of murder as no suicide note was found. A witness in the form of tenant in the house is sought to be introduced, whereas there is no tenant. Immediate information was not given either to the police or the parents of the deceased. Heard learned counsel for the parties and perused the paper book. As on date, on the basis of material collected, the police found it to be a case of suicide. The only allegation against the petitioner is that the husband of the deceased was having illicit relations with her. Whether this can lead to instigation and amount to abatement to suicide is yet to be gone into by the trial court on the basis of material collected and presented before it. The fact that the entire family is inside is not in dispute. Even a small child of the deceased is at the mercy of other relatives and not only that, three minor children of the petitioner may also be in the same position. In my opinion, custodial interrogation of the petitioner is not required. Accordingly, it is directed that in case of arrest, the petitioner shall be released on furnishing of bail bonds to the satisfaction of the Arresting/Investigating Officer. She shall appear before the Investigating Criminal Misc. No. M-17567 of 2011 [3] Officer as and when called upon for further investigation. She shall also be bound by all the conditions as contained in Section 438(2) Cr.P.C. The petition stands disposed of. (Rajesh Bindal) Judge 19.7.2011 mk