Par Kaur vs State of Punjab

M.L. Singhal, J.

This is Criminal Misc. No. 16843M of 1998 whereby Smt. Par Kaur has prayed for the grant of bail to her in case FIR 49 dated 12.6.1998

under Section 304B IPC of Police Station, Bholath District Kapurthala.

According to Munsha Singh, who is lodger of the FIR, his daughter Pritpal Kaur was married to Daler Singh on 10.10.1997. He gave dowry

according to his capacity. After one month of marriage, her motherinlaw Par Kaur and sisterinlaw Satya alias Satto and husband Daler Singh

began giving her beatings saying that she had not brought adequate dowry and that she had not given them rings and karas. They left his daughter

at his house about four months prior to 12.6.1998. He took along one Gurdeep Singh ExSarpanch and left his daughter at the house of her inlaws.

Thereafter, his daughter''s husband Daler Singh was commenting upon his daughter that people give car etc. to their daughters in dowry and why

she had not brought car. His daughter brought to the notice of the mediator Sh. Atma Singh that her husband was asking her to bring car. On

2/3.6.1998 sisterinlaw of his daughter came to her maternal uncle on the occasion of death anniversary of Sant Baba Prem Singh. That day his

daughter''s motherinlaw Par Kaur, sisterinlaw Satya alias Satto and Daler Singh gave her beatings and asked for more dowry. He brought this fact

to the notice of Atma Singh that they are causing mental and physical cruelty to his daughter for not bringing dowry to their satisfaction. Atma Singh

went to his daughter''s husband and motherinlaw whom they told that she had brought inadequate dowry, and therefore, they were not going to

keep her in the matrimonial home and will kill her one day. Thereafter, Atma Singh went to his house. On 12.6.1998 when he and his brother Tulsa

Singh were sitting in their house, they got news from Atma Singh that his daughter Pritpal Kaur had died. Matter was reported to the Police by

Munsha Singh on 12.6.1998. On the basis of his statement, the case was registered.

Learned counsel for the petitioner has submitted that the petitioner has been implicated falsely. Her married daughter Satya alias Satwinder Kaur

was also sought to be involved. She was allowed prearrest bail by this Court.

On merits, petitioner does not deserve to be granted bail because her name is inextricably connected with her son''s name so far as demand for

dowry and cruel treatment in consequence of the nonfulfilment of demand for dowry is concerned. Learned counsel for the petitioner submitted

that the petitioner is an old woman of 80 years. She is suffering from hypertension with left ventricular dysfunction. He has submitted that petitioner

is old and infirm. Earlier in 1995 she was diagnosed as HTC IHD Myalgia.

Learned DAG Punjab assisted by Sh. Shailender Sharma Advocate for the complaint on the other hand submitted that petitioner is 60/65 years

old and hypertension is not a serious disease. He has drawn my attention towards the voters'' list wherein she has been shown as 60 years old.

On 17.8.1998 Smt. Par Kaur came present in Court. She was appearing to be grey haired and she stated that she was 80 years old.

Keeping in view her old age and the fact that the Medical Board of Medical College, Amritsar has reported that she is suffering from hypertension

with left ventricular dysfunction, I feel that bail should be allowed to the petitioner when bail not jail is the normal rule. So, bail to her to the

satisfaction of Chief Judicial Magistrate/Duty Magistrate, Kapurthala.