Sucha Singh vs State of Punjab

Alok Singh, J.—Present petition is filed seeking regular bail in case FIR No. 31 dated 12.3.2010 under Sections 304-B/498-A/120-B IPC,

Police Station Julkan District Patiala.

Learned Counsel for the Petitioner has argued that Petitioner is a retired Naik from the Army and is having half killa of agricultural land. He has

further argued that husband of the deceased is earning his livelihood from the half killa of land owned by the Petitioner, therefore, there is no

question of demand of car. He has further argued that father of the deceased is also a small farmer and is not in a position to give car as alleged in

the FIR. Learned Counsel for the Petitioner, while placing on record photostat copy of statement of Sukha Singh complainant/father of the

deceased, has vehemently argued that Sukha Singh has stated on oath that marriage was solemnized on 9.12.2004 and Gurpreet Kaur deceased

was blessed with two sons. He has further stated on oath that earlier mother-in-law and father-in-law of the deceased kept deceased with love and

affection and did not raise any demand of dowry. Learned Counsel has pointed out that Sukha Singh complainant has stated on oath that demand

of car was made for the first time only one year prior to the death, which itself seems to be improbable. Learned Counsel for the Petitioner while

taking me to the definition of ''Dowry'' in Section 2 of the Dowry Prohibition Act states that dowry must be fixed and demanded on or before the

marriage to be paid either before the marriage or at the time of marriage or thereafter anytime. Since no demand of dowry was made as defined

under the definition of dowry, therefore, it is not a case of dowry death. He has further stated that Gurpreet Kaur deceased has committed suicide

by consuming poison and deceased and her husband were living separately although in the same house.

Considering totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case, petition is allowed.

Let Petitioner be released on bail to the satisfaction of learned trial Court.