Gurbax Kaur vs State of Punjab and Another

Ram Chand Gupta, J.—The present petition filed u/s 438 Code of Criminal Procedure is for grant of anticipatory bail to the Petitioner in case FIR No. 12, dated 23.1.2010, under Sections 304B/34 IPC, registered at Police Station Adampur, District Jalandhar.

I have heard learned Counsel for the parties and have gone through the whole record carefully.

Brief allegations against the Petitioner-accused are that marriage of deceased Gurvinder Kaur was solemnised with co-accused, i.e., son of Petitioner, on 21.12.2008. Co-accused, i.e., son of complainant and husband of deceased, went Greece just after few days of marriage. There are also allegations that after few days of marriage Petitioner-accused and co-accused started taunting deceased for bringing less dowry. There was a demand of car. Deceased continued to reside with Petitioner and other family members. On 13.1.2010, Dharmender Kumar, i.e., husband of deceased, returned from Greece and he also raised demand of dowry. On15.1.2010, complainant alongwith his wife Mohinder Kaur visited the house of Petitioner and at that time all the family members gave taunting for giving less dowry in the marriage and insisted that they would visit their family only when car would be given in dowry as it was difficult for them to travel in buses. On 21.1.2010 an unknown caller gave a telephonic call to son of complainant that Gurvinder Kaur was admitted in serious condition in Johar Hospital, Jalanadhar, and when they reached there, they found that daughter of complainant was lying in ICU in an unconscious condition. Later on she expired in the hospital. She died of poisoning.

It has been contended by learned Counsel for the Petitioner that Petitioner is an old lady, her entire family has been involved in this case falsely and her husband and son are already facing trial. Further contends that deceased very well knew that son of Petitioner was in Greece at the time of marriage. It has also been contended that she was found innocent by the police and however, summoned u/s 319 Code of Criminal Procedure by learned trial Court and that she had already appeared before learned trial Court.

However, bail application has been opposed by learned State counsel as well as counsel for the complainant on the plea that there are serious allegations against the Petitioner-accused as daughter of complainant died on account of harassment on account of dowry, just after 13 months of the marriage in the house of Petitioner. Further contends that death was caused on account of poisoning. Further contends that son of Petitioner has been declared proclaimed offender as he has not come from abroad to face trial.

There are serious allegations against the Petitioner-accused. Her daughter-in-law died unnatural death in her house just after 13 months of marriage on account of harassment on account of dowry. Even her son had left for Greece after death of daughter of complainant and did not return to face trial.

Hence, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the Petitioner-accused.

In view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by Petitioner-Gurbax Kaur for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.

Interim order dated 7.10.2010 already granted in favour of Petitioner-accused stands vacated.