Crl. Misc. No. M-34794 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-34794 of 2009 (O&M) Date of decision: January 11, 2010 Tajinder Singh ...Petitioner Versus State of Punjab ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajeshwar Singh, Advocate, for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. Mr. Vipin Mahajn, Advocate, for the the complainant. GURDEV SINGH, J. Tejinder Singh son of Surjit Singh-petitioner has come up with this petition under Section 438 of Cr.P.C. for grant of anticipatory bail in FIR No. 59 dated 16.6.2009 registered at Police Station Kahnuwan, District Gurdaspur, under Sections 304-B IPC. He has contended that the allegations made against him in the FIR are totally false and frivolous. On the intervening night of 15/16.6.2009, when the deceased is stated to have taken some poisonous substance, he was present at Dehradun and was serving at China border. When he was not present at that time, it cannot be said that any such offence was committed by him. The FIR has been registered under Section 304-B IPC. It has been categorically narrated therein that Mandeep Kaur deceased, who was married to the petitioner, was being harassed and treated with cruelty by him Crl. Misc. No. M-34794 of 2009 2 and his relatives on the ground of demand of dowry and ultimately she committed suicide. All the ingredients, which are necessary to constitute an offence under Section 304-B IPC, are narrated in the FIR. It is not an ingredient for constituting this offence that the accused must be present when the death of the wife took place, otherwise than under normal circumstances. There are reasonable grounds for believing that the petitioner committed the offence under Section 304-B IPC. The offences of dowry death are on increase in these days and it has been held by the Hon'ble Supreme Court that such offence must be viewed seriously. Keeping in view the gravity of the offence, I do not find any ground to release the petitioner on anticipatory bail. This petition is dismissed accordingly. January 11, 2010 (GURDEV SINGH ) prem JUDGE