In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M- 9172 of 2010 (O&M) Date of decision: 30.11.2010 Atul Seth ......Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Ashok Giri, Advocate, for the petitioner. Mr.S.S.Bhinder, Sr.Addl.A.G.Punjab with Mr.Amandeep Singh Rai, AAG, Punjab. Mr.L.S.Sidhu, Advocate, for the complainant. **** SABINA, J. This petition has been filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 235 dated 24.6.2008 under Sections 406, 498-A of the Indian Penal Code, registered at Police Station Tripari, District Patiala. The contents of the FIR, as reproduced in para 2 of the petition, read as under:- “It is submitted that I Rubi d/o Tara Chand am resident of H.No.848, Gali No.12, Triupari Patiala. I was married to Atul Seth s/o Sh.Shashi Pal Seth r/o Asikun behind Milan Palace, Ambala Road, Kaithal on 15.1.2004. I was told by my in-laws that Atul was married earlier in Criminal Misc. No.M- 9172 of 2010 (O&M) -2- Ukraine but now he is divorced. On this my family agreed to marry me with Atul Seth. On my marriage, my parents gave dowry as per their capacity. My father-in-law was not happy with that. He was expecting more dowry. My husband was staying in Ukraine for the last 15 years. After marriage my husband stayed at Kaithal for one week. After that he went back and told me that he will send the papers to get me there. Thereafter, my father- in-law and my mother-in-law on the asking of my husband asked for money for sending to their son for business. I took ` 70,000/- from my parents and gave it to them. Thereafter, my father -in-law and mother-in-law immediately after my marriage started ill treating me. They started taunting me and they started mentally torturing me. Then they told me that my husband Atul Seth is coming and will take me to abroad and told me to arrange money for my ticket. I asked my father to pay for my travel abroad which was about ` 50,000/- from my parents for the ticket I went to Ukraine along with my husband and stayed with him. I came to know that my husband was visiting with his earlier wife and child in another house. He had taken me abroad as his business partner. I asked him if he was to keep relations with his earlier wife why he spoiled my life. Then my husband told Criminal Misc. No.M- 9172 of 2010 (O&M) -3- me boldly that here this is the way of life. He told me that he had married me for the sake of money. After that my husband and my brother in law Vipul Seth started torturing me mentally and physically. There was nobody to held me but I kept on tolerating their misdeeds. I stayed abroad for about two years and gave birth to a girl child on 20.5.2005. My husband and my brother in law so much tortured me abroad that I requested them to send me to India, then they said that if I want to go back, I should get the money for my ticket from my parents. I immediately, told my parents to give the money to my mother in law and father in law at Kaithal. Then they gave this money also to my in laws at Kaithal. After getting this amount, my husband got me the ticket and sent me and my daughter back to India. My in laws are very shrewd persons. In order to save themselves, they also bought the return ticket from India to Ukraine and told me that you have to come back from India. In order to get rid of them, I signed one ticket as told by my husband I and my daughter came back to India at my in law home and stayed there for three days. All these days they kept on torturing me. Fed up with this torture I came to my father's house and I have been living with in my parental house for the last two years. That my parents Criminal Misc. No.M- 9172 of 2010 (O&M) -4- have spent about 10-11 lacs rupees from the day of my marriage till I came back to India. That whenever my parents talked to my in laws about my rehabilitation then they told us to meet their demands only then they will accept me. My in laws family is greedy. We can't fulfill further demands of my in laws. Still I am living with my parents. Now my mother in law used to taunt me that they got the marriage done only to get the servant's work from you. My in laws are residing in Kaithal. It is requested that legal action be taken against them and my life and liberty be protected. We shall thankful to you.” Vide order dated 13.10.2010, the petitioner was allowed interim bail. Learned State counsel, who is assisted by ASI Sohan Singh, has submitted that although the petitioner has joined investigation but recovery of the Istridhan articles has not been effected. Since, Istridhan articles belonging to the complainant have not been returned by the petitioner, no ground for grant of anticipatory bail is made out. Accordingly, this petition is dismissed. (SABINA) JUDGE November 30, 2010 anita