Criminal Misc. No.M-33269 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-33269 of 2009 (O&M) Date of decision: 5.8.2010 Sunil Kumar ......Petitioner Versus State of Haryana .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.S.s.Behl, Advocate, for the petitioner. Mr.Satyavir Singh Yadav, DAG, Haryana. **** SABINA, J. This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 204 dated 6.5.2009 under Sections 309, 302, 201of the Indian Penal Code, registered at Police Station Urban Estate Rohtak. The contents of the FIR (Annexure P-5) read as under:- “Statement of Amit Kumar s/o Sh.Ranbir Singh, caste Jat r/o Balambha, PS Meham, Distt. Rohtak, aged 26 years, currently constable No.1340 (SPT) Haryana Police, Sonepat Rohtak currently on temporary Criminal Misc. No.M-33269 of 2009 (O&M) 2 telephone duty in the office of IG Police, Rohtak Range. State that since 22.11.2008 I am posted as telephone attendant in the office of IG Police Rohtak Range. Today on 6.5.2009 at about 2.00 p.m. I was present in my telephone room. In front of my room in the verandah, there is a reception room in which iron benches are placed for the visitors. At that very moment a boy of young age and a young lady accompanied by two children entered the reception room and the boy and the lady of unknown name and address started speaking in a loud voice that they had come from village Panchi Jattan Distt. Sonepat and the Samalkha Police has not done justice to them and said that we both have come after consuming poison. And we both husband and wife would commit suicide at this very place and after the police administration will learn a lesson. Hearing this I rushed to them and immediately thereafter the lady started vomiting on the floor in my presence and the boy laid on the floor holding his head in his hands. The husband of the lady started saying that his name is Sunil and the lady is my wife Alka and we are resident of village Panchi Jattan PS Gannaur Distt. Sonepat. On that very moment welfare Inspector Sh. Virender Singh and lady Sub Inspector Anita Devi and two 4th class Kuldeep and Criminal Misc. No.M-33269 of 2009 (O&M) 3 Hawa Singh came there. The Inspector Virender Singh sent both the husband and wife along with their children to PGIMS Rohtak for treatment immediately on a govt. Gypsy along with L/SI Anita Devi, escort constable Krishan 1147 RTK, Hawa Singh and Kuldeep, Sunil and his wife Alka resident of Panchi Jattan PS Gannaur Distt. Sonepat. Have tried to commit suicide by consuming some poisonous substance from outside under a plan and to put undue pressure on the administration. Legal action may be taken against them. At the spot the vomit of Alka is lying. I have got recorded my statement and read it which is correct.” Learned counsel for the petitioner has submitted that, in fact, the petitioner himself was the victim. The wife of the petitioner had been raped by certain police officials and she had lodged a complaint against Ranbir Master, Sunny and one unknown person. However, no action was being taken on the FIR got registered by the wife of the petitioner in this regard (Annexure P-3). On 6.5.2009, wife of the petitioner consumed poison and wrote a suicide note. However, the present FIR was lodged against the petitioner. Learned State counsel, on the other hand, has opposed this petition. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves dismissal. Criminal Misc. No.M-33269 of 2009 (O&M) 4 The allegations levelled against the petitioner are serious in nature. The petitioner had allegedly given poison to his wife. Although in the petition, nothing has been mentioned qua consumption of the poison by the petitioner also but during the course of arguments, it has transpired that the petitioner had consumed some sedative, whereas, he had administered poison to his wife. Due to this reason wife of the petitioner died, whereas, the petitioner survived. Hence, no ground for grant of regular bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE August 05, 2010 anita