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Kuljit Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 4 January 2011 · Citation: (2011) 01 P&H CK 0267

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 107, 306, 34
CASE NUMBER
CRM No. M-35529 of 2010 (O and M)
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Judgment

5 paragraphs · 220 words

Alok Singh, J.—This order shall dispose of CRM No. M-35529 of 2010 and CRM No. M-37869 of 2010, as common questions of law and facts are involved.

2.

For brevity sake facts are being taken from CRM No. M-35529 of 2010.

3.

Brother-in-law and father-in-law of the deceased-husband are the accused in an offence u/s 306/34 IPC. The main allegation against the accused persons is that they have taken away the wife of the deceased and asked the deceased if he wants to keep his wife with him he has to pay Rs. 20,000/-and if he is unable to pay Rs. 20,000/-, he should consume poison. A suicide note also suggests the same story. Learned Counsel for the accused-Petitioners has argued that demand of Rs. 20,000/-in lieu to keep wife with him would not amount abatement u/s 107 IPC. Nothing is sought to be recovered from the possession of the Petitioners-accused.

4.

In the peculiar facts and circumstances of the case, in the opinion of this Court, Petitioners are entitled for anticipatory bail.

5.

Present petition is allowed. It is directed that in the event of arrest of the Petitioners, Petitioners shall be released on bail on furnishing of personal bond and one surety of Rs. 20,000/-each to the satisfaction of the Investigating Officer. Petitioners shall co-operate in the investigation.