RITURAJ Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail, pending trial in case FIR No.3 dated 03.01.2019, under Sections 304-B and 34 IPC, 1860, registered at Police Station, Mauli Jagran, Chandigarh. The petitioner is in custody since his arrest on 03.01.2019.

(2.) The above FIR was registered on the statement of complainant Rakesh Kumar, wherein it was stated that he is the brother of deceased Beauty Devi. He was working as Nayak in Indian Army and presently posted at Kapurthala (Punjab). They are four brothers and sisters. On 18.04.2018, the marriage of Beauty Devi was solemnized with Ritu Raj @ Sonu according to Hindu rites. After the marriage, her in-laws, i.e., husband Ritu Raj @ Sonu, mother-in-law, Bachni Devi, father-in-law Satinder Kumar Singh @ Kamal Chand, brother-in-law Vishal and uncle Gobinda started harassing her by demanding Bullet motor cycle and money. At the time of marriage, he had also given a mobile phone to her sister, so that she could call them, but same was broken by her husband. He also sold out all the jewellery articles, which were given by them at the time of marriage. Thereafter, they started harassing her mentally and physically. The complainant along with other respectable persons went to her house to persuade her in-laws, on which assured that they would not harass her again. When his sister came to the house in the month of October, she also showed the injury marks on her body. On 27.11.2018, her husband took her to his home, but they had not stopped to torture. Due to mental and physical torture by her in-laws, she committed suicide by hanging herself on 02.01.2019. On these broad allegations, the present FIR was registered.

(3.) Learned counsel for the petitioner contends that the victim ended her life by hanging and the petitioner being husband along with other close relatives was indicted as an accused in the said case. He submits that the other accused, who are parents, uncle and brother of the petitioner have been released on regular bail and, therefore, the petitioner also deserves the concession of regular bail as the prosecution has set up a common case against all the accused persons. It is pointed out that the father of the victim has already been examined as a witness before the trial Court, therefore, the further custody of the petitioner may not be necessary as the trial is likely to consume considerable time to conclude. He prays for grant of regular bail, during the pendency of the trial.