Sanjeev Kumar vs State of Punjab and Another

R.P. Nagrath, J.—Prayer in the instant petition is for grant of anticipatory bail in case FIR No. 13 dated 13.08.2013 for offences under Sections 406 and 498-A IPC registered at Police Station Women Cell, District Mohali. This petition has been filed by the husband of complainant. Learned counsel for the petitioner submits that FIR has been registered on false allegations. It is further contended that the parents of the petitioner were arrested and have since been granted bail.

After hearing learned counsel for the petitioner I do not find any merit in the prayer for pre-arrest bail as there are serious allegations against the petitioner.

The marriage of the petitioner with complainant was solemnized on 24.02.2012. It is stated that sufficient dowry was given and an amount of Rs. 12 to 13 lacs was spent by her parents. On 01.04.2012, petitioner joined Haryana Armed Police and started demanding an amount of Rs. 5 lacs. The complainant accordingly made a demand of said amount from her parents, but they were not in a position to pay. She was thus harassed. On 08.04.2012, the complainant was brought from in-laws house by her brother. After about a month, the brother-in-law of the complainant took her back. She remained there for about a fortnight and during that time also she was harassed by in-laws. The complainant was even not permitted to speak to her husband on telephone.

It is further stated that the petitioner got leave from the department on 24.05.2012 and brought the complainant from her parents house. On the next day she was again sent back to her parents house. She was brought back to the in-laws house on 03.06.2012 but again sent back on the next day. Thereafter some relatives intervened and the parents of the complainant sent her back to the in-laws house. There she stayed for one week and during that time she was constantly harassed and her in-laws confined her in a big steel box. They also insulted her by remarking that she is like an eunuch. The complainant got sick and depressed and her parents got her admitted in Aggarwal Hospital at Ambala. Thereafter, her in-laws did not ask about her welfare. Her father-in-law came alongwith 5 relatives and on the assurance given by the father-in-law of the complainant she was taken back to her in-laws house. Even thereafter she was physically assaulted and on 03.08.2012 she was thrown out of the in-laws house. The matter was also reported to department of petitioner and they assured to sort of the same within two months, but nothing was done. It is also stated that dowry articles are lying in the in-laws house.

Learned counsel for the petitioner contends that in fact, the petitioner filed an application dated 24.04.2013 u/s 9 of the Hindu Marriage Act, 1955 (Annexure P-3) wherein it was pleaded that the complainant left the matrimonial home on 03.08.2012 which is not going to help the petitioner.

The contents of vernacular of FIR shows that the complaint to the Police was made on 25.04.2013 and after an enquiry that FIR was registered on 13.08.2013. The circumstances would reflect that only after a short spell of the married life that such a situation has arisen.

Another plea was that the complainant got herself admitted in Jyoti Nursing Home on 30.04.2012 and got her abortion without the consent of the petitioner. There was no such allegation in the petition for restitution of conjugal rights. From the above facts discussed above, I do not find merit in the petition for pre-arrest bail and the same is dismissed. The observations made in this order shall not have any bearing on the petition which can be filed by the petitioner for regular bail.