Jasvir Kaur vs State of Punjab

Alok Singh, J.—This is an application seeking regular bail for the offence in FIR No. 46 dated 10.4.2010 unders 312, 313, 314, 506, 201, 120 IPC, P.S. Tapa Mandi, District Barnala.

Perusal of the FIR reveals that the only charge against the Petitioner - accused is that the complainant''s wife Geeta Rani, who was pregnant of four months, started bleeding in the village and the complainant wanted to take her to the Barnala Hospital and was making arrangements for a vehicle. Meanwhile, the other accused persuaded the complainant to take Geeta Rani to the Petitioner to stop bleeding.

Learned Counsel for the Petitioner vehemently argued that miscarriage/abortion had already started since Geeta Rani had already started bleeding and the only charge against the Petitioner is that the other accused had persuaded the complainant to take his wife to the Petitioner to stop bleeding.

Learned Counsel for the Petitioner has argued that from the contents of the FIR, it cannot be said that the Petitioner has voluntarily caused any miscarriage to Geeta Rani. He further stated that as per the FIR, Geeta Rani had already started bleeding at her home before reaching the Petitioner.

Considering totality of the facts and circumstances of the case, present petition is allowed. Petitioner is directed to be released on bail on furnishing her personal bond and one surety to the satisfaction of the trial Court.