SHIRAJ MOHAMMAD ALIAS RAJU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is filed seeking regular bail in case FIR No. 169 dated 19.11.2009 under Sections 304-B/34 of the Indian Penal Code registered at Police Station Raikot, District Ludhiana.

(2.) Learned counsel for the petitioner states that to invoke Section 304-B IPC, there must be a harassment or cruel behaviour on account of demand of dowry soon before the death. Learned counsel for the petitioner has further argued that parties are Muslim and petitioner is the brother-in-law and as per the custom prevailing in the Muslim community, mehar is fixed at the time of nikah to be paid to the wife and there is no question of demand of dowry. Even otherwise, since petitioner is the brother-in-law, therefore, he was falsely implicated and tendency to implicate all the family members cannot be ruled out. As per learned counsel for the petitioner, petitioner is in jail w.e.f. 20.11.2009.

(3.) On being asked, Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, on the instructions of S.I. Gorakh Nath, states that death of the deceased is by hanging and probably she has committed suicide.