Nirmala Devi vs State of H.P.

Kuldip Singh, J.

1.This is an application, u/s 438 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 115 of 2011, registered at Police Station, Jawalamukhi on 4.8.2011, under Sections 498A, 306 Indian Penal Code. The status report has been filed and record perused.

It has been stated by the learned Counsel for the Petitioner that daughter-in-law of the Petitioner has committed suicide on 1.8.2011 after jumping into the river alongwith her 21/2 years daughter. The police had started proceedings u/s 174 Code of Criminal Procedure, taking it as case of suicide. The husband of the deceased died on 20.3.2011. The deceased was suffering from severe depression after the death of her husband, which took place about four years of the marriage. The deceased committed suicide. The deceased was working as Primary Assistant Teacher and was undergoing training at Gauna Karour, District Hamirpur, which is at a distance of more than ten kilometers from the house. The deceased had gone to attend the training riding scooty alongwith her daughter. The Petitioner is innocent. She has committed no offence. The Petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of the court in case she is released on bail. No recovery is to be made from the Petitioner. The custodial interrogation of the Petitioner is not necessary. The Petitioner is apprehending her arrest on account of registration of the case. The learned Counsel for the Petitioner has prayed for grant of bail to the Petitioner.

The bail application has been opposed by the learned Additional Advocate General. She has submitted that marriage of the deceased was solemnized about three years back with Sudhir Kumar, who was working in police department and died about four months ago. The Petitioner ill-treated deceased Nisha Kumari, and, therefore, Nisha Kumari on 1.8.2011 jumped into river Beas at Nadaun bridge alongwith her daughter Rohni. Both mother and daughter died. Nisha took extreme step of ending her life and her daughter due to ill-treatment given by the Petitioner. The learned Addl. Advocate General has prayed for dismissal of the bail application.

I have considered the rival contentions of the learned Counsel for the parties. The Petitioner has joined the investigation. It is not the case of the investigating agency that some recovery is to be made from the Petitioner nor the investigating agency has come forward with the plea thatPetitioner is not cooperating in the investigation. The investigating agency has not placed on record any previous complaint of the deceased to Panchayat, police or lawful authorities regarding misconduct of the Petitioner. It is unfortunate that Nisha Kumar died alongwith her daughter Rohni. The trial of the case will take some time. No purpose will be served by keeping the Petitioner in custody. No case for custodial interrogation has been made out by the investigating agency.

In view of above discussion, the Petitioner has made out a case for grant of bail, u/s 438 Code of Criminal Procedure, therefore, it is directed that in the event of arrest of the Petitioner in FIR 115 of 2011, registered at Police Station, Jawalamukhi on 4.8.2011, under Sections 498A, 306 Indian Penal Code, the Petitioner shall be released on bail on her furnishing personal bond in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of Arresting Officer with the conditions thatPetitioner shall join the investigation as and when called upon to do so by the Investigating Officer and shall not hamper the investigation or tamper with the prosecution evidence in any manner. The Petitioner being a woman shall be interrogated in accordance with law.