Mewa Devi vs State of Haryana

R.C. Kathuria, J.

The petitioner seeks anticipatory bail in FIR No. 198 dated 9.9.2001 under Sections 498A/304B/34 IPC registered at Police Station Agroha, District Hisar.

The present case was registered on the statement of Bhanwar Singh son of Ram Chander Singh resident of Satnali caste Rajput. Lakshmi alias Seema younger daughter of Bhanwar Singh had been married with Rajinder on 17.6.1997. Out of the wedlock on daughter Meena aged 11/2 years was born. At the time of marriage, the parents of Lakshmi alias Seema gave dowry articles beyond their status and capacity. After the marriage of Lakshmi alias Seema her husband Rajinder, motherinlaw Mewa, Balwant Singh, Hoshiar Singh Jeth, Pritam Singh Dewar, Bimla w/o Balwant Singh and Mesar w/o Hoshiar Singh Jethani used to taunt her for bringing insufficient dowry. Efforts were made by the complainant and his family members to persuade the abovenamed persons to allow the deceased to settle in the matrimonial home. A panchayat in this regard was also taken to their house. Subsequently, Lakshmi alias Seema returned to matrimonial home on 4.9.2001. On 9.9.2001 Krishan Singh conveyed message on telephone to the complainant that her daughter had died. Thereafter complainant (sic) members went to the house of (sic) Lakshmi alias Seema lying dead. They inquired the cause of death but no satisfactory reply had been given to them by the petitioner and her coaccused. In the post mortem report conducted on 10.9.2001 no injury was found on the body of the deceased and cause of death has not been stated. Rather it has been mentioned in the report that the same will be determined after receiving report of the Chemical Examiner. The case was registered and investigated.

Counsel for the petitioner while pressing for her bail has submitted that the omnibus allegations of demand of dowry has been made not only against the petitioner but all the members of the family. According to the counsel for the petitioner, this is the only solitary allegation and taking this allegation on its face value, it cannot be said that the petitioner was responsible for making any demand of dowry or harassment. It has been highlighted by him that the petitioner is 65 years old lady and the benefit of regular bail has already been given to Rajinder Singh and Pritam Singh and the presence of the petitioner is not required for the purpose of interrogation by the police.

State counsel while opposing the bail application has mainly contended that the accusation against the petitioner as well as other accused is with regard to harassment of the deceased on account of insufficiency of dowry which led to the death of Lakshmi alias Seema.

It is clear from the First Information Report lodged by the complainant that what was the nature of dowry demanded has not been specifically mentioned. In view of the circumstances of the case brought on record, this petition is accepted, the interim bail granted to her vide order dated 15.10.2001 is confirmed and it is directed that in the event of her arrest, the petitioner shall be admitted to bail by the arresting officer on her furnishing bail bonds, in the sum of Rs. 20,000/ with one surety in the like amount undertaking therein to comply with the conditions laid down in Section 438(2) of the Cr.P.C.