IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-12026 of 2009 Date of decision : July 27, 2009 Sombir ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Amit Singla, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Sombir has filed this petition for bail in case FIR No. 205 dated 22.12.2008 under sections 363 and 366 IPC, Police Station Pillu Khera, District Jind. According to the prosecution version, Sunita wife of complainant Dharamvir resident of village Bhurain, District Jind went missing on 16.6.2008. On his application, report in daily diary was recorded on 19.6.2008. The petitioner was not named therein. In the FIR, it has been alleged that the petitioner had enticed away Sunita on 16.6.2008. Dead body of Sunita was found on 18.6.2008 at Bus Stand Gohana, District Sonepat. She was cremated on 20.6.2008. Learned State counsel after seeking instructions from ASI Krishan Singh states that Board of Doctors which conducted post mortem Criminal Misc. No. M-12026 of 2009 -2- examination could not form any opinion regarding the exact cause of death. FSL report shows that no common poison was detected in the viscera of the deceased. As per post mortem report, there was no injury on the dead body. It is further stated by learned State counsel that according to the disclosure statement made by the petitioner to the police, the petitioner had gone with Sunita and stayed with her at night at Gohana. Next day, she wanted him to accompany her to Delhi to perform marriage with her but the petitioner declined and returned home leaving behind Sunita at Railway Station, Gohana. I have heard learned counsel for the parties and perused the case file. Challan has been presented against the petitioner for offences under sections 363 and 366 IPC. The petitioner is in custody since 9.3.2009 i.e. more than four and half months. Keeping in view all the circumstances but without meaning to express any opinion on the merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Jind. ( L.N. Mittal ) July 27, 2009 Judge 'dalbir'