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Judgment
29 paragraphs · 316 wordsThis is a petition for grant of regular bail to the petitioner in
FIR No. 04 dated 04.01.2017 under Sections 377, 376, 498-A, 323, 506 IPC
and Section 8 of the Protection of Children from Sexual Offences Act, 2012,
registered at Police Station City Kharar, District SAS Nagar (Mohali).
The FIR has been lodged on the complaint of Manisha Devi,
daughter-in-law of the petitioner. The allegations in the FIR are primarily
regarding demand of dowry by the petitioner, his wife and husband of the
complainant. There are also allegations of harassment and beating of the
complainant at the hands of her husband. It is also alleged that the
petitioner, who is father-in-law of the complainant, committed sexual inter-
course with her without her consent.
Learned counsel for the petitioner states that marriage of the
complainant with the son of the petitioner was solemnized in the year 2008.
Thereafter, the complainant had filed number of cases against her husband,
including a complaint under Sections 406, 498-A, 506 and 120-B IPC and a
divorce petition under Section 13 (1) (i) of the Hindu Marriage Act, 1954.
No allegation was made against the petitioner in the aforesaid complaint and
compromise was effected between the parties. He states that only general
allegations regarding committing sexual inter-course with the complainant
have been levelled against the petitioner. No specific instance has been
mentioned in that regard. He further states that the son of the petitioner
(husband of the complainant) has already been enlarged on bail by the trial
court. The petitioner is in custody since 30.03.2017. Investigation in the
case is complete.
Taking into consideration the aforesaid facts and circumstances,
I deem it appropriate that the petitioner be directed to be enlarged on bail on
his furnishing bail bonds/surety bonds to the satisfaction of Chief Judicial
Magistrate/Duty Magistrate, SAS Nagar Mohali. Ordered accordingly.
Petition stands disposed of.
