JASPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the petitioner in case FIR No. 52 dated 04.02.2010 registered under Section 306 of Indian Penal Code at Police Station Kharar.

(2.) THE petitioner is the step mother of the deceased. She is 39 years of age.

(3.) LEARNED counsel for the petitioner further submitted that the marriage of deceased to Amanjit Singh was a run away marriage. On attaining the age of majority, they got married to each other against the wishes of their parents. In fact, they even filed CRM M 15688 of 2009 seeking direction for protection. However, the same was rendered infructuous as there was no threat to their life and liberty. The deceased also made a statement on 09.06.2009 to the police that she had no connection whatsoever with the present petitioner and her father -Harjit Singh. Therefore, offence under Section 306 IPC was not made out against the present petitioner. Allegations must show that the accused abettor had committed such acts which forced the person to commit suicide and the intention and mens rea must be specific. Since all the ingredients are lacking in the allegations, no offence can be said to be made out against the present petitioner. Moreover, the dying declaration was not even signed by the deceased. The same cannot be taken against the petitioner. The said dying declaration was on account of persuasion by her in laws. She was not even in a fit condition to make her statement. Thus, the same cannot be relied upon. It was further argued that the only allegation is that the petitioner did not give the certificates demanded by the deceased whereas, the certificates were already in her possession. Thus, the allegations in the FIR are not correct.