Kuldeep Singh vs State of Punjab and another

The present petition has been filed under Section 438

Cr.P.C seeking anticipatory bail in case FIR No. 41 dated 10.05.2017

registered under Section 498-A IPC at Police Station Women Patiala,

District Patiala.

On 24.10.2017 this Court had passed the following

order:-

"The petitioner is directed to appear before the Investigating

Officer on 25.10.2017 at 11.30 a.m in concerned Police

Station and, thereafter, as and when required by the

Investigating agency.

Post again on 17.11.2017.

Meanwhile, in the event of arrest of the petitioner by the

Arresting Officer, he shall be released on interim bail subject

to the following conditions:-

1.That he shall make himself available for interrogation by a

police officer as and when required;

2.That he shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of

the case so as to dissuade him from disclosing such facts to

the Court or to any police officer and;

3.That he shall not leave India without prior permission of the

Court."

Learned counsel for the petitioner contends that in

pursuance of the order dated 24.10.2017, the petitioner has joined the

investigation. The petitioner went to the I.O with entire gold articles.

However, the same is denied by the I.O.

Learned counsel for the petitioner, on instructions,

admits the factum of receipt of Rs.2 lakh. He undertakes to refund the

amount and return all the dowry articles including the jewellary.

However, the petitioner is not presently employed, therefore, he states

that he will make the necessary payment within three months from

today.

Learned State counsel, on instructions, states that the

petitioner has joined the investigation and he is not required for

custodial interrogation.

In view of the statement made, the order dated

24.10.2017 passed by this Court is made absolute, subject to furnishing

of bail-bonds/surety bonds by the petitioner to the satisfaction of the

CJM/Duty Magistrate concerned.

In case there is violation of the undertaking made

before this Court, the complainant or the State is at liberty to revive the

present petition. A sum of Rs.10,000/- lying deposited towards

litigation charges be released in favour of the complainant/wife on her

making an application in this regard.

The petition stands allowed.