IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-8675 of 2010 Date of decision : 11.5.2010 Surjit Kaur …. Petitioner Versus State of Punjab ….. Respondent Present : Mr. Manuj Nagrath, Advocate for the petitioner. Mr. Shilesh Gupta, DAG, Punjab. *** S.S. SARON, J. Heard counsel for the parties. The petitioner by way of the Crl. Misc. petition seeks regular bail in a case registered against her. The petitioner is the mother-in-law of the deceased Balwinder Kaur @ Binder. The FIR in the case has been registered on the statement made by the deceased Balwinder Kaur @ Binder before the learned Judicial Magistrate Ist Class at Jalandhar on 7.9.2009 at 6.25 p.m. It is alleged by Balwinder Kaur @ Binder (deceased) that her husband (Ashwani Kumar) and her mother-in-law (petitioner) used to demand dowry from her and used to beat her. The parents of the deceased Balwinder Kaur @ Binder took her with them. After that she remained at her parents home for three months. A report was given to Senior Superintendent of Police and then her in-laws took her (Balwinder Kaur @ Binder) along with them. It is Crl. Misc. No. M-8675 of 2010 [2] alleged by the deceased Balwinder Kaur @ Binder that her husband (Ashwani Kumar) was having an affair with some other lady to which she objected but she was given a beating. On 7.9.2009, the husband (Ashwani Kumar) of the deceased Balwinder Kaur @ Binder met that girl due to which they had an altercation. The husband of the deceased Balwinder Kaur @ Binder said that he would not mend his ways and she (Balwinder Kaur @ Binder) may do whatever she wants. Her husband said that why does she (Balwinder Kaur @ Binder) not die. He kept oil in the room and said that she may die. Balwinder Kaur @ Binder poured oil on her self and both her children because her husband said that she may take them both with her. She had taken this step because she was under depression. The petitioner was initially challaned for the offences under Sections 302, 304-B, 306, 511, 109 IPC. The offence under Section 302 IPC has been deleted. According to the learned counsel for the petitioner, the petitioner stands charge-sheeted for the offence under Section 304-B and in the alternate Section 306 IPC. The offence under Section 304-B IPC according to learned counsel for the petitioner, is not made out as there is no allegation of any demand for dowry soon before the death of Balwinder Kaur @ Binder. Besides, it is submitted that the allegations are that the husband of Balwinder Kaur @ Binder was having an affair with another lady due to which she took the extreme step. Therefore, the petitioner who is the mother-in- law is not liable for any offence. In response, learned State counsel has submitted that in the FIR itself it is mentioned the husband (Ashwani Kumar) of Crl. Misc. No. M-8675 of 2010 [3] Balwinder @ Binder and her mother-in-law (petitioner) used to demand dowry from her. Besides, it is submitted that 6 PWs have been examined in the case and 11 remain to be examined and the case is fixed for 21.5.2010. After giving my thoughtful consideration to the matter, it may be noticed that the petitioner is in custody since 7.9.2009. The trial in the case is likely to take time as 11 witnesses more remain to be examined. It is to be ascertained by the learned trial Court whether there was any demand for dowry from Balwinder Kaur @ Binder soon before her death by the petitioner or in any case whether the petitioner had instigated or abetted the deceased Balwinder Kaur @ Binder to commit suicide. It has come on record that Balwinder Kaur @ Binder was suffering from depression. It is submitted that the petitioner herself is an ailing lady. A reference has been made to the medical treatment report (Annexure P1) wherein she was referred to the Civil Hospital, Jalandhar as an emergency. She was diagnosed to be the case of hyper sensitive heart disease with fits. The primary allegations in the FIR are against the husband (Ashwani Kumar) of the deceased Balwinder Kaur @ Binder and of his having an affair with another lady. The earlier bail application filed by the petitioner was dismissed as withdrawn. In the circumstances, the petitioner on her furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Jalandhar shall be admitted to bail. (S.S. SARON) JUDGE May 11, 2010 amit