High CourtsSingle Bench(2010) 10 P&H CK 0142

Amanbir Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 26 October 2010

HON’BLE JUDGES
Sabina, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. M-31334 of 2010 (O and M)

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Judgment

7 paragraphs · 406 words

Sabina, J.—Petitioner has filed this petition u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail in case FIR No. 70, dated 10.9.2010, under Sections 406, 498A of Indian Penal Code (in short ''IPC''), registered at Police Station Dugri, District Ludhiana.

2.

The Petitioner got married with Tejinder Kaur on 14.10.2007. The FIR in question has been lodged by the father of Tejinder Kaur on the allegation that his daughter has been harassed by the Petitioner and his family members for bringing less dowry.

3.

Learned Counsel for the Petitioner has submitted that in fact the in-laws family of the Petitioner had administered some poisonous substance to the Petitioner and the FIR No. 201 dated 11.9.2010 at Police Station Sahnewal (Annexure P-7) has been lodged by the Petitioner. The present FIR is a counter blast to the said occurrence. Learned Counsel for the Petitioner has further submitted that all the dowry articles have since been recovered and the Petitioner was found innocent during investigation and by the Women Cell.

4.

After hearing the learned Counsel for the Petitioner, I am of the opinion that no ground for grant of anticipatory bail to the Petitioner is made out.

5.

A perusal of Annexure P-1 reveals that the Petitioner was admitted in Christian Medical College, Ludhiana on 1.9.2009 with suspected case of poisoning and was discharged on 7.9.2009. In this regard the FIR (Annexure P-7) was lodged by the Petitioner on 11.9.2010 whereas the father of Tejinder Kaur had lodged the FIR in question on 10.9.2010. A perusal of the FIR in question (Annexure P-8) reveals that Tejinder Kaur had moved an application before the Senior Superintendent of Police, Ludhiana on 4.9.2009 for registration of a case against the Petitioner and her in-laws under Sections 303, 406, 498A, 376/354, 323, 325, 506, 120B IPC. However, no action was taken on the said application and thereafter on a complaint made by Harjit Singh father of Tejinder Kaur the FIR in question was registered. It has also been alleged that the pregnancy of Tejinder Kaur was got forcibly aborted.

6.

The allegations levelled against the Petitioner are serious in nature. A perusal of the order, passed by the learned Additional Sessions Judge Ludhiana, while declining bail to the Petitioner reveals that the dowry articles as per the list attached in the police file are yet to be recovered. Petitioner might be required for custodial interrogation.

7.

Dismissed.