IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.M.P.(M) No. 1012 of 2009 Date of decision : 25.11.2009 ____________________________________________________________ Jaiwanti …Petitioner. Versus State of Himachal Pradesh …Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? For the Petitioner : Mr. Romesh Verma, Advocate. For the Respondent : Mr. Anshul Bansal, Addl. A.G. with Mr. R.P. Singh, Assistant AG. Kuldip Singh, Judge (Oral) This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 97/09 dated 28.10.2009 registered at Police Station, Bhabanagar, District Kinnaur under Sections 306, 34 IPC. The status report has been filed. 2. Heard and perused the record. 3. The prosecution case is that on the basis of statement under Section 154 Cr.P.C. of Devinder Kumar the case was registered. According to complainant his nephew Parveen Kumar and Meena Kumari were doing tailoring work in partnership at Bhabanagar, 4/5 days prior to the date when complainant made the statement under Section 154 Cr.P.C., Parveen Kumar told the complainant that he _______________ Whether reporters of Local Papers may be allowed to see the Judgment ? 2 wanted to marry Meena Kumari and in case Meena Kumari would not agree then he would commit suicide. On 27.10.2009 at about 5.15 PM he was in his quarter, Meena Kumari came in his quarter and told him that Parveen Kumar had consumed poison, thereafter Meena Kumari left the place. The complainant and his wife went to Project Hospital, Bhabanagar and found Parveen Kumar lying dead there. The complainant doubted that Meena Kumari, her sister Jaiwanti and mother Lakhpati forced Parveen Kumar to consume poison, as a result of which Parveen Kumar died. On this, the case was registered. 4. It has been submitted on behalf of the petitioner that petitioner is innocent. She has been falsely implicated in the case. It has been alleged that Meena sister of the petitioner is already married and has four children. Parveen Kumar was about 17 years of age whereas Meena is about 26 years of age. The FIR has been registered by the uncle of the deceased out of enmity and village rivalry. The mother of the petitioner has already been granted bail by learned Sessions Judge Kinnaur on 9.11.2009. The petitioner had also filed bail application in the court of learned Sessions Judge, Kinnaur but that was withdrawn. The investigation in the case is almost complete. The petitioner is ready to furnish bail bonds in accordance with the directions of this court. 5. The learned Addl. Advocate General has opposed the bail application and has submitted that the petitioner and other accused were arrested on 28.10.2009. As per Investigating Agency Meena and Parveen Kumar deceased had developed intimacy and they wanted to marry as Krishan Lal husband of Meena had deserted her. 3 In the meantime Meena and deceased Parveen Kumar had some differences and Meena started ill-treating Parveen Kumar. The petitioner who is sister of Meena and Lakhpati mother of petitioner also ill-treated Parveen Kumar, as a result of which Parveen Kumar had consumed NUVAN and died. 6. The learned Addl. Advocate General has submitted that report from FSL, Junga is awaited but otherwise investigation in the case is complete and no recovery is to be made from the petitioner. Lakhpati mother of the petitioner has already been released on bail. The petitioner being woman has a special case for bail. In these circumstances of the case, the petition is allowed and the petitioner is ordered to be released on bail in FIR No. 97/09 dated 28.10.2009 registered at Police Station, Bhabanagar, District Kinnaur under Sections 306, 34 IPC on her furnishing personal bond in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Shimla with the conditions that petitioner shall not hamper the investigation and tamper with the prosecution evidence in any manner. 7. The observations made in this order are for disposal of this application only and the same shall not be construed as expression of opinion on the merits of the case. Copy Dasti on usual terms November 25, 2009. (Kuldip Singh), (sks) Judge