Baljinder Kaur Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1066234
CourtPunjab and Haryana High Court
Decided OnNov-17-2012
AppellantBaljinder Kaur
RespondentState of Punjab
Excerpt:
crl.m.not m-36077 of 2012(o&m) -1- in the high court of punjab and haryana at chandigarh. crl.m.not m-36077 of 2012(o&m) date of decision: november 17, 2012 baljinder kaur .....petitioner v. state of punjab .....respondent coram: hon'ble mr.justice ram chand gupta present: mr.a.s.khaira, advocate for the petitioner....ram chand gupta, j.(oral) crl.m.no.68670 of 2012 application is allowed subject to all just exceptions. crl.m.not m-36077 of 2012 the present petition filed under section 438 cr.p.c.is for grant of anticipatory bail to the petitioner in case fir no.100, dated 18.10.2012, under sections 313, 406, 498-a, 506, 34, 120-b ipc, registered at police station mulepur, district fatehgarh sahib. i have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned additional sessions judge, fatehgarh sahib, vide which application filed on behalf of the petitioner for anticipatory bail was dismissed. brief allegations are that marriage of complainant was performed with manvir singh, i.e.son of present petitioner, on 27.2.2011. sufficient articles were given in the dowry and even `7 lacs were given in cash for purchase of a car alongwith 25 tolas of golden articles. however, petitioner and other family members were not satisfied with the same. they started committing acts of harassment and cruelty upon complainant on account of dowry. she used to be given beatings by her husband, the present petitioner and the other family members.there are specific allegations against the present petitioner for committing acts of physical crl.m.not m-36077 of 2012(o&m) -2- violence against her. she was carrying pregnancy of six months when she was given kick blows by petitioner and other family members and hence, death of un-born child was caused. she was again carrying pregnancy of 2-1/2 months when she was got admitted by the petitioner and other family members in bawa nursing home, bassi pathana, where pregnancy was got aborted without her consent on 23.6.2012. even husband of complainant is yet to be arrested. dowry articles are yet to be recovered. hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner- accused. without expressing any opinion on the merits of the case, the present petition filed by petitioner-baljinder kaur for grant of anticipatory bail is, hereby, dismissed being devoid of any merit. 17.11.2012 (ram chand gupta) meenu judge
Judgment:

Crl.M.not M-36077 of 2012(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.M.not M-36077 of 2012(O&M) Date of Decision: November 17, 2012 Baljinder Kaur .....Petitioner v.

State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.A.S.Khaira, Advocate for the petitioner....RAM CHAND GUPTA, J.(Oral) Crl.M.No.68670 of 2012 Application is allowed subject to all just exceptions.

Crl.M.not M-36077 of 2012 The present petition filed under Section 438 Cr.P.C.is for grant of anticipatory bail to the petitioner in case FIR No.100, dated 18.10.2012, under Sections 313, 406, 498-A, 506, 34, 120-B IPC, registered at Police Station Mulepur, District Fatehgarh Sahib.

I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Fatehgarh Sahib, vide which application filed on behalf of the petitioner for anticipatory bail was dismissed.

Brief allegations are that marriage of complainant was performed with Manvir Singh, i.e.son of present petitioner, on 27.2.2011.

Sufficient articles were given in the dowry and even `7 lacs were given in cash for purchase of a car alongwith 25 tolas of golden articles.

However, petitioner and other family members were not satisfied with the same.

They started committing acts of harassment and cruelty upon complainant on account of dowry.

She used to be given beatings by her husband, the present petitioner and the other family membeRs.There are specific allegations against the present petitioner for committing acts of physical Crl.M.not M-36077 of 2012(O&M) -2- violence against her.

She was carrying pregnancy of six months when she was given kick blows by petitioner and other family members and hence, death of un-born child was caused.

She was again carrying pregnancy of 2-1/2 months when she was got admitted by the petitioner and other family members in Bawa Nursing Home, Bassi Pathana, where pregnancy was got aborted without her consent on 23.6.2012.

Even husband of complainant is yet to be arrested.

Dowry articles are yet to be recovered.

Hence, in view of these facts, it is not such a case in which extraordinary relief of anticipatory bail should be granted to the petitioner- accused.

Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Baljinder Kaur for grant of anticipatory bail is, hereby, dismissed being devoid of any merit.

17.11.2012 (Ram Chand Gupta) meenu Judge