Crl.Misc. No.M-17136 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. No.M-17136 of 2010 Date of Decision: 12.10.2010 Smt. Mamta .... Petitioner Versus State of Haryana .... Respondent Present: Ms. Deipa Singh, Advocate for the petitioner Mr. K.C.Gupta, Sr. DAG, Haryana **** S.S.Saron, J (ORAL) Learned Counsel for the petitioner has submitted a certified copy of the statements recorded by Addl. Sessions Judge, Jind on 31.08.2010 of Rajbir (PW1) and Ram Mehar (PW2), which are taken on record. Heard learned counsel for the parties. The petitioner seeks regular bail in a case registered against her on 9-4-2009 for the offences under Sections 302,201,363,364,216,120-B of IPC. The FIR in the case is registered on the statement of Rajbir (PW1) against Sanju and Krishna, sons of Samera and Mamta (petitioner) wife of Shamsher and Nihali wife of Risal Singh. It is alleged by the complainant that his brother's son Ajay alias Sonu was called by the above Crl.Misc. No.M-17136 of 2010 said accused on 2.4.2009 at about 7:30 pm in the evening and he had full suspicion that they had kidnapped him. They had on earlier occasions beaten up Ajay alias Sonu 10-15 times. Ajay alias Sonu's maternal aunt (mausi) Mamta is a characterless woman. The boy Sonu was an obstacle in her way. The petitioner Mamta in connivance with her brother Sanju and Krishna, and Nihali has kidnaped him with an intent to kill him. According to learned Counsel for the petitioner the case is based merely on presumptions, otherwise there is nothing against the petitioner. It is submitted that co-accused of the petitioner Nihali has been granted bail by this Court vide order dated 5-10-2009 passed in Crl.Misc.M- 77202 of 2009. The earlier application of the petitioner for bail was dismissed on 22-01-2010. In response learned Counsel for the State has submitted that the petitioner is the main accused and she had got kidnapped Ajay alias Sonu on 2-4-2009 at 7:30 pm through her brother Sanju and Krishna, and Nihali. I have given my thoughtful consideration to the matter. The statement of Rajbir (PW1) who is the complainant was recorded by Addl. Sessions Judge, Jind, on 31.08.2010. It is stated that since 2-4-2009 said Ajay alias Sonu was not traceable. It is further stated that Mamta wife of his brother was not a lady of easy virtue. He knew nothing more about this case. At this stage PW1 Rajbir was declared hostile and he was cross examined by the Public Prosecutor. During cross-examination Rajbir (PW1) was confronted with the statement recorded before the police. However, he did not support the case of the prosecution. Statement of Ram Mehar (PW2) was also recorded, he stated that he did not know about the Crl.Misc. No.M-17136 of 2010 occurrence of the case. He was declared hostile and cross examined by the Public Prosecutor. He was confronted with the earlier statement recorded by the police. However, he did not support the case of the prosecution. Learned Counsel for the State has submitted that the dead body of Ajay alias Sonu has been recovered on the statements of Sanjiv,Mukesh and Khem Chand and not the petitioner Sanju and Krishna. Sanjiv brother of the petitioner it is submitted, has committed suicide in the jail. Co- accused of the petitioner Nihali has been granted bail. The petitioner is in custody since, 6-9-2009. The trial of the case is likely to take time. On the last date of hearing it was submitted by ASI Suresh Kumar, Police Station Pillu Khera, District Jind, that the prosecution has cited 34 witnesses in the case. Learned Counsel for the State has submitted that out of 34 witnesses 6 PW's have been examined. In the facts and circumstances of the case petitioner on his furnishing personal bond and surety to the satisfaction of learned Chief Judicial Magistrate, Hissar, shall be admitted to bail. Criminal Misc. petition stands disposed of. (S.S.SARON) 12.10.2010 JUDGE gyan