IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-14595 of 2009 Date of decision : July 08, 2009 Dalbir ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Rakesh Nehra, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Dalbir has filed this petition for bail in case FIR No. 18 dated 19.1.2009 under sections 304-B, 34 IPC, Police Station Station Sadar Gohana District Sonepat. According to the prosecution version, marriage of Mrs. Renu was solemnized with Dalbir petitioner on 7.4.2002. The petitioner and his mother, brother and brother's wife had been harassing the deceased Renu for more dowry. Some demands were met but they were not satisfied. On 5.1.2009, Deepak cousin of the deceased went with articles worth Rs 50,000/- and also gave Rs 25,000/- in cash on account of festival of Makar Sakranti but Deepak was beaten by the accused persons and sent back. On 7.1.2009, on account of continuous harassment of dowry, the deceased was killed by the accused persons. I have heard learned counsel for the parties and perused the case file. Criminal Misc. No. M-14595 of 2009 -2- Learned counsel for the petitioner vehemently contended that immediately after death of the deceased on 7.1.2009, parental family of the deceased was informed by the petitioner. However, there is nothing on the record to substantiate this plea. On the other hand, according to the material on record, maternal uncle of the deceased informed the parental family of the deceased about her death. Learned counsel for the petitioner also vehemently contended that the parents and relatives of the deceased reached the hospital on 7.1.2009 itself and on next day i.e. 8.1.2009, Mahabir Singh uncle of the deceased made statement to the police stating that everything was fine between the deceased and the petitioner and that the deceased consumed sulphos tablets for some personal reasons. It is contended that Rajpal father of the deceased lodged FIR after 12 days of the occurrence i.e. on 19.1.2009. However, this contention has been repelled by averments made in the FIR. It has been stated in the FIR that when father and other relatives of the deceased reached the hospital, none of the accused was found there. At the time of cremation, respectables and neighbours of the village assured that welfare of the son and daughter of the deceased would be properly looked after and deposit of Rs 5 lacs in the name of son Jatin and Rs 3 lacs in the name of daughter Jhanvi would be made within three days and land pertaining to share of the petitioner would be got transferred in the name of Jatin. However, these assurances turned out to be mere assurances and were made only to avoid registration of the case. There is no explanation from the side of the petitioner as to why the deceased suddenly committed suicide by consuming sulphos Criminal Misc. No. M-14595 of 2009 -3- tablets. There is specific allegation by the father of the deceased that there was continuous demand of dowry and harassment of the deceased for the same. The petitioner is husband of the deceased. Keeping in view all the circumstances but without meaning to express any opinion on the merits, I do not find it to be a fit case for releasing the petitioner on bail. The bail petition is accordingly dismissed. ( L.N. Mittal ) July 08, 2009 Judge 'dalbir'