Allowed

Raj Kumar v. State of Punjab

Punjab & Haryana HC4 Mar 2009CRM-M/22686/2008

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioner in a dowry harassment case. He was ordered to pay the remaining sum of Rs.1 lac as a condition of bail, which will be adjustable towards dowry recovery or maintenance.

What did the court decide?

Petitioner admitted to bail; ordered to pay Rs.1 lac via bank draft within two months, adjustable towards dowry articles or maintenance.

Raj Kumar Vs State of Punjab — Maintenance and Alimony | Punjab & Haryana HC (2009)

¶1

Cr.Misc. NO. M 22686 of 2008

¶2

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

Cr.Misc. NO. M 22686 of 2008 DATE OF DECISION : 4.3.2009

Raj Kumar

......PETITIONER

VERSUS

State of Punjab

......RESPONDENTS

PRESENT: Mr.NP Jately, Advocate Ms.Rajni Gupta, DAG, Pb Mr. Chander Shekhar, Advocate

¶11

M.M.S.BEDI,J.

¶12

The petitioner seeks the concession of pre-arrest bail in a case registered at the instance of Sant Ram, father-in-law of the petitioner alleging that his daughter Swaran Lata had been maltreated on account of demand of dowry and that the dowry articles have been withheld by the petitioner and his family members. It is an admitted fact that the petitioner had got a decree of divorce against the complainant's daughter. The said decree is the subject matter of appeal before this court. On 8.12.2008 the complainant's daughter, by appearing in court had submitted that in case a total sum of Rs.4.50 lacs was paid to her, she was ready to withdraw civil litigation as well as the present case (criminal proceedings) against the petitioner. A sum of Rs.3.00 lacs in the shape of bank drafts has already been paid by the petitioner. The petitioner has offered to pay another sum of Rs.1 lac.

¶13

Learned counsel for the complainant as well as the complainant appearing in person have submitted that the jewellery articles have been withheld by the petitioner and his family members and that the petitioner is liable to pay a sum of Rs.1.50 lacs as he had agreed to pay the

¶14

Cr.Misc. NO. M 22686 of 2008

¶15

¶16

said amount.

¶17

After hearing learned counsel for the parties, I am of the opinion that the petitioner and his family members have been roped in the case on account of the divorce petition having been filed by the petitioner. The matrimonial rights of the parties are to be determined in the appeal. As offered by the counsel for the petitioner, let another sum of Rs.1 lac be paid to Swaran Lata in the shape of a bank draft. The said bank draft may be handed over to the investigating officer within a period of two months. In case of paying of amount by the petitioner through a bank draft, the same will be handed over to Swaran Lata.

¶18

Accordingly, the petition is allowed and it is ordered that in case of arrest of the petitioner, he will be admitted to bail to the satisfaction of the arresting officer subject to the condition that he will appear before the investigating officer as and when required by the police and will not tamper with evidence or hamper the investigation at any stage. The petitioner will pay an additional sum of Rs.1 lac, as agreed to by him within a period of two months in the shape of a bank draft. The said amount will be adjustable towards the cost of the dowry articles, which are yet to be recovered or towards the amount of maintenance in case of any final settlement between the parties.

¶19

It is,however, observed that in case of non compliance of any of the above said directions, it will be open to the complainant/ prosecution to seek cancellation of bail. The complainant, present in the court, had admitted that a total sum of Rs.3 lacs has already been received and the payment of remaining amount of Rs. 1Lac will make the total amount received as Rs. 4 lacs.

¶20

( M.M.S.BEDI ) JUDGE

¶21

March 4 ,2009 TSM

Raj Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

Raj Kumar v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chaman Lal and Anr. Vs State of Punjab

Kirpal Singh Vs State of Punjab

Rajwinder Kaur @ Raj Kaur and Ors. Vs Jasbir Kaur and Anr.

Sukhdev Singh Vs State of Punjab & Anr.

Varun Sharma and Ors. Vs State of Punjab and Anr.

Ram Swarth Kushwaha Vs State of Haryana