Nirmla vs State of Haryana

S.S. Saron, J.—Heard counsel for the parties.

The petitioners who are the parents-in-laws of deceased Savita seek regular bail in a case registered against them for the offence u/s 304-B read with Section 34 Indian Penal Code at Police Station Sadar Bahadurgarh, District Jhajjar.

The FIR in the case has been registered on the statement of Ramesh son of Inder Singh, resident of village Badhwasni, Police Station Sadar Sonepat who is the father of deceased Savita. It is inter alia alleged by the complainant that his eldest daughter namely Savita was married with Vinod Kumar i.e. son of the petitioners on 2.12.2007. They gave dowry as per their capacity. After marriage, his daughter Savita used to visit them. She had a daughter who was aged four years and a son who was aged two years at the time of incident which had occurred on 23.11.2013. According to the complainant, his daughter Savita was harassed by her in-laws and her husband for not giving them a car in dowry as they had only one son. He had tried to make the in-laws of Savita understand that they were not in a position to fulfill their demands, however, despite that he arranged Rs. 40,000/- and gave it to Vinod-husband of Savita. At the time of birth of son, Vinod-husband of Savita demanded a gold chain for himself but he (complainant) refused. Since then, they were harassing and taunting his daughter and ten days earlier to the incident, they threw her out from her matrimonial home. Then daughter of the complainant informed him and her mother about the entire incident at home. They after counselling Savita sent her back to her matrimonial home. On 23.11.2013 at about 6.00 p.m. Vinod, son-in-law of the complainant on telephone informed him (complainant) that Savita had committed suicide by hanging herself from the ceiling fan with a scarf. On receiving the information, the complainant along with his family members and relatives reached village Assaudha. At that time, the dead body of his daughter was kept on a bed in the room. He was completely sure that his daughter Savita had ended her life due to the ill-treatment and torture given by above mentioned persons (accused) on account of not fulfilling their demands of dowry.

Learned counsel for the petitioner has contended that in fact the daughter of the complainant had an affair with one Anil son of Ved, Lambardar. He has referred to the call details (Annexure P1) on the mobile telephones of Savita and Anil showing the various conversations between the two. Besides, a reference has been made to the hand-written note (Annexure P2) of Savita in which she is purported to have recorded that she had committed a misdeed in her lifetime and had cheated Vinod-husband of Savita (deceased) by establishing undesirable relation with someone else who was Anil son of Ved, Lambardar. Now, she (deceased) was fed up with her life and, therefore, she wished to end her life. No harm shall be done to Vinod and his family members and for this, no legal action may be taken against them. On the strength of the same, it is submitted that the petitioners are liable to be granted the concession of bail.

In response, learned State counsel has submitted that the trial in the case is going on. There are clear allegations against the petitioners that deceased Savita was ill-treated for and in connection with demand for dowry. It is submitted that two witnesses in the case remain to be examined. Therefore, the prayer for grant of bail at this stage is liable to be declined.

I have given my thoughtful consideration to the matter. The petitioners are the parents-in-law of the deceased Savita. They are in custody since 29.11.2013. The trial in the case is likely to take time as the prosecution has till date not obtained the FSL report on the basis of which opinion as to cause of death of Savita is to be furnished by the doctor who conducted the post-mortem examination. The effect of the document (Annexure P2) which, it is submitted is a suicide note of the deceased Savita and has been exhibited on record as Ex. D5 is also to be considered by the learned trial Court after trial as to whether Savita on her own committed suicide or whether she was harassed and ill-treated in connection with demand for dowry. The husband of the deceased Savita namely Vinod is still in custody. Therefore, in the facts and circumstances, it would be just and expedient that the petitioners are granted the concession of bail.

Accordingly, the Crl. Misc. petition is allowed and the petitioners on their furnishing personal bonds and sureties each to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Jhajjar shall be admitted to bail.