Allowed

Nirmala v. State of Haryana

Punjab & Haryana HC25 Mar 2013CRM-M/6459/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted anticipatory bail to the mother-in-law of a deceased woman implicated in an FIR under Sections 498-A and 304-B IPC. The court allowed the petition without expressing an opinion on the merits, citing that bail in such cases is debatable and requesting the State to verify facts.

What did the court decide?

Petitioner granted anticipatory bail subject to conditions: availability for interrogation, no inducement/threats to witnesses, and no leaving India without court permission.

Nirmala Vs State of Haryana — Domestic Violence | Punjab & Haryana HC (2013)

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CRM No.M-6459 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-6459 of 2013 (O&M) Date of decision: 25.3.2013

Nirmala

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

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Present: Mr.Rakesh Dhiman, Advocate for the petitioner

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Mr.Ajay Gulati, DAG, Haryana assisted by SI Karambir Singh

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Jitendra Chauhan, J. (Oral)

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By filing the present petition under Section 438 of the Code of Criminal Procedure, the petitioner has sought pre-arrest bail in case FIR No.48 dated 23.1.2013, registered under Sections 498-A, 304-B, 34 of the Indian Penal Code at Police Station Sadar Bahadurgarh, District Jhajjar.

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Learned counsel for the petitioner contends that the petitioner is the mother in law of the deceased. The cause of death is neuronic shock or postmortem hemorrhage. No injury was noticed on the person of the deceased. He further submits that the delivery of child was carried out by one Babita, who is a trained ANM/ MPHW (F). He contends that it is not a dowry death.

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CRM No.M-6459 of 2013 (O&M)

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On the last date of hearing, the State counsel was directed to verify the above said facts.

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The learned State counsel informs that said Babita is a Multi Purpose Health Worker (F). He produces the certified copies of the certificates of Babita with regard to her qualification, which are taken on record. As per the same, she has taken the training of MPHW (F) and is admitted in the Nurses Register maintained under the provision of Section 14 of the Punjab Nurses Registration Act, 1932 as a Registered Multi Purpose Health Worker (F).

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Heard.

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It is debatable as to whether it is a dowry death or not?

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In CRM No.M 5802 of 2013, Duli Chand husband of the present petitioner has been granted anticipatory bail vide order of even date by this Court.

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In view of the above, without expressing any opinion on merits of the case, the present petition is allowed. In the event of arrest of the petitioner by the Arresting Officer, she shall be released on bail subject to the following conditions:-

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1. that she shall make herself available for interrogation by a police officer as and when required;

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1. that she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and;

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CRM No.M-6459 of 2013 (O&M)

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1. that she shall not leave India without the previous permission of the Court.

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25.3.2013 gsv

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(JITENDRA CHAUHAN) JUDGE

Nirmala v. State of Haryana

Case brief

What is this about?

What did the court decide?

Nirmala v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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