Hari Singh vs State of Punjab

L.N. Mittal, J.—By this common order, I am disposing of two cases i.e. Criminal Misc. No. M-13470 of 2011 filed by Hari Singh and Criminal Misc. No. M-15073 of 2011 filed by Gurbax Singh, both seeking anticipatory bail in case FIR No. 40 dated 12.4.2011, under sections 406, 498-A IPC, registered at Police Station Cantonment, District Amritsar City.

I have heard learned counsel for the parties and perused the case file.

Petitioner Gurbax Singh is husband of the complainant whereas Hari Singh is father-in-law of the complainant. Marriage of the complainant with Gurbax Singh had taken place on 6.2.2010. There are allegations that soon after the marriage, all the accused started demanding dowry and started harassing the complainant. Her dowry articles were also misappropriated. Application for lodging FIR was moved on 7.1.2011 i.e. just 11 months after the marriage.

Counsel for the petitioners contended that petitioners have been falsely implicated in the case whereas learned State counsel assisted by counsel for the complainant contended that dowry articles are yet to be recovered. It was also contended that the complainant was harassed for dowry and her dowry articles have been misappropriated which are to be recovered and the complainant was tortured badly.

Keeping in view all the circumstances, I am of the view that Gurbax Singh being husband of the complainant is the main culprit. It was his duty to protect the complainant. Dowry articles are also to be recovered. Consequently, petitioner Gurbax Singh does not deserve the concession of anticipatory bail. However, petitioner Hari Singh is father-in-law of the complainant. The personal dowry articles of the complainant normally would not have been entrusted to the father-in-law. Keeping in view all the circumstances, it would be in the interest of justice to extend the concession of anticipatory bail to petitioner Hari Singh.

Accordingly, without meaning to express any opinion on merits of the case, Criminal Misc. No. M-15073 of 2011 filed by Gurbax Singh is dismissed whereas Criminal Misc. No. M-13470 of 2011 filed by Hari Singh is allowed. In the event of arrest, petitioner Hari Singh shall be released on bail to the satisfaction of the Arresting Officer subject to the conditions specified in section 438(2) Cr.P.C. Petitioner Hari Singh shall join the investigation as and when required by the police. Presently, he is directed to join investigation on 19.12.2011 at 10.00 AM and continue to do so as and when required by the police.