IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-4974 of 2010 Date of decision : 30.3.2010 Mrs. Santosh Sharma …. Petitioner Versus State of Punjab …. Respondent Present: Mr. Deepak Nayar, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. **** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against her on 18.12.2009 for the offence under Section 306/34 Indian Penal Code. The FIR in the case has been registered on the statement of Ashok Kumar who has alleged that his third daughter Sharuti Sur (deceased) was married on 17.5.2005 with Bawa Sharma. At the time of the second pregnancy when the daughter of the complainant was about seven months’ pregnant then the petitioner and her son Bawa Sharma sent her to her parents house. After delivery no one came to see the daughter of the complainant and her child. Then the complainant along with his brother-in-law Jaswinder Singh went to leave Sharuti (deceased) and her daughter namely Palwai at the house of her in-laws. However, Sharuti’s mother-in-law (petitioner) and her Crl. Misc. No. M-4974 of 2010 [2] husband did not want to rehabilitate her. After efforts and making them to understand, the complainant left his daughter there. The mother-in-law (petitioner) and husband of Shruti (deceased) were upset because of birth given to a daughter. The complainant, however, said that nobody can be faulted for this and it is a natural gift. The daughter of the complainant was harassed in her matrimonial home, on account of which she remained depressed. On 17.12.2009, Bawa Sharma, the son-in-law of the complainant informed the complainant that since morning Sharuti (deceased) along with her daughter had gone somewhere. On 18.12.2009 the complainant along with his brother-in-law Jaswinder Singh and Ajay Kumar; besides, other relatives searched for their daughter and granddaughter along with their son-in-law. A report was also got registered at Police Station Mandi Gobindgarh. During search near Chowki Railway Police, Khanna, the complainant came to know that on 17.12.2009 a lady and a child had died by coming under the train. The complainant saw the dead bodies at Civil Hospital, Khanna which were those of his daughter and granddaughter and he identified the dead bodies. It is alleged by the complainant that as his daughter had given birth to a girl child, her in-laws and mother-in-law Santosh Sharma (petitioner) and husband Bawa Sharma had harassed her. It was requested that legal action be taken. The petitioner has been in custody since the date of her arrest i.e. on 18.12.2009 and nothing has been recovered from her. The challan in the case has been filed on 11.2.2010. It is to be ascertained during trial whether the petitioner had abetted or Crl. Misc. No. M-4974 of 2010 [3] instigated the commission of suicide by Shruti. In the facts and circumstances, further incarceration of the petitioner is unwarranted. Accordingly, the Crl. Misc. petition is allowed and the petitioner on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate Ludhiana shall be admitted to bail. (S.S. SARON) JUDGE March 30, 2010 amit