RITIK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition under Sec. 439 of Cr.P.C. for grant of regular bail to the petitioner in case FIR No.138 dtd. 17/8/2021, under Ss. 306 and 34 of IPC, registered at Police Station Bullowal, District Hoshiarpur.

(2.) The FIR in the present case has been registered on the statement of Gurdeep Kumar (brother of the deceased Ravinder Kumar), who had stated that his brother Ravinder Kumar had a love marriage with Preeti and from the wedlock, they had a son, namely, Divansh and for the last 2-3 years, the said Preeti was having illicit relations with the present petitioner and they used to roam openly which was objected by the deceased Ravinder Kumar. When the deceased went to the house of the petitioner and told him not to ruin their marriage, the petitioner had stated that the deceased should give a divorce to Preeti and that the petitioner was ready to keep Preeti and their son after marrying Preeti. It is further alleged that the deceased had requested Preeti several times to understand and save their marriage but Preeti did not listen and kept on compelling the deceased Ravinder Kumar to give her a divorce and on this issue, Preeti and Ravinder Kumar used to quarrel on a number of occasions and on 13/8/2021, a quarrel took place between the deceased and Preeti over the said issue, when the deceased called his in-laws and thereafter, the in-laws took Preeti along with them to get her married somewhere else and on 17/8/2021, i.e. after a period of 04 days of the said quarrel, the deceased is said to have committed suicide.

(3.) Learned counsel for the petitioner has submitted that in the present case, even as per the prosecution version, the petitioner had never instigated the deceased to commit suicide and even as per the FIR, the petitioner had only stated that the deceased should give a divorce to Preeti so that he could marry her. It is further submitted that in fact in the present case, no offence under Sec. 306 of IPC, moreso, against the petitioner is made out, inasmuch as, the last incident of the alleged fight/quarrel was between the deceased and his wife Preeti and not with the petitioner and at any rate, the suicide had been committed after a period of more than 04 days from the date of the said fight/quarrel. Even the said Preeti had already left the matrimonial home to live with her parents. Reliance has been placed upon a judgment of this Court titled as State of Punjab Vs. Kamaliit Kaur alias Bholi and another, 2008 (2) R.C.R. (Criminal) 562, to contend that in such a situation, the offence under Sec. 306 of IPC cannot be said to be made out. Further reliance has also been placed on the judgment of this Court dtd. 6/2/2012 passed in CRA-S-1802-SB-2002, titled as Maya Vs. State of Punjab.