The High Court dismissed a Criminal Miscellaneous petition filed for bail by a petitioner accused in a dowry death case. The court observed specific allegations of dowry demand and cruelty prior to the suicide.
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Criminal Misc. No. M-46722 of 2019 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-46722 of 2019 (O&M) Date of decision : December 10, 2019
Babli Devi
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. Naveen Batra, Advocate, for the petitioner
Mr. Pawan Sharda, Sr. DAG Punjab for the State
Fateh Deep Singh, J. (Oral)
The allegations against petitioner accused Babli Devi in this case got registered by way of FIR No. 93 dated 22.9.2019 under Section 304-B IPC, Police Station Kiratpur Sahib, District Rupnagar have been levelled by Gurcharan Singh father of deceased Nitu Devi wife of Lakhwinder Singh alias Lucky and daughter-in-law of the petitioner. The complainant claims that marriage of his daughter was solemnized with the son of the petitioner about two years prior to the registration of the case which took place on 12.9.2019. It is
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-46722 of 2019 (O&M) -2-
alleged that eight days prior to this occurrence the deceased along with the petitioner and others had come to the complainant where they tried to prevail upon the petitioner that they should not harass physically and mentally abuse the deceased. However, the accused petitioner left the deceased at the house of the complainant saying that her son was eering labour in Kolkata. Perturbed over the demand of more dowry by the petitioner and her co-accused which fact the deceased confided in the complainant and expressed apprehension that she would be forced to put to an end to her life. The same very night the deceased committed suicide by means of hanging.
Learned counsel for the petitioner inter-alia contends that there is no specific role attributed to the petitioner in the commission of the offence. It is argued that the deceased had committed suicide because of depression at her parental house for which the accused cannot be held liable and nothing is to be recovered from the mother-in-law i.e. the present petitioner.
Learned State counsel has vehemently opposed the bail on the grounds that it is well illustrated in the allegations as to demand of dowry and the fact that Panchayats were convened but to no avail arguing that custodial interrogation of the petitioner is
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Criminal Misc. No. M-46722 of 2019 (O&M)
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very much essential.
It is within a span of two years a young bride with a small child has been sacrificed at the alter of dowry demand. It is there that few days prior to this occurrence, a Panchayat was convened to sort out the issues and there are specific allegations of demand of dowry, harassment and cruelty against the accused including the petitioner. In the light of the heinousness of crime and seriousness of allegations, it is desired that custodial interrogation of the petitioner be effected. Finding no merit, the present petition stands dismissed.
December 10, 2019 'tiwana'
( Fateh Deep Singh ) Judge
Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2019.12.20 12:05 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
Babli Devi
State of Punjab
Fateh Deep Singh
As recorded by the court registry
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