VINOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) VINOD Kumar, petitioner-accused seeks bail in case bearing FIR No. 683 dated 13.10.2001 registered under Sections 498-A, 406 506 read with Section 34 of the Indian Penal Code with Police Station City, Gurgaon.

(2.) THE present case was registered on the statement of Jai Ram, father of Raj Bala wife of Vinod Kumar, petitioner-accused. Mani Ram and Poonam are parents of Vinod Kumar. According to the assertion of Jai Ram, his daughter Raj Bala was married to Vinod Kumar on 5.3.1991 at Gurgaon. At the time of marriage, Vinod Kumar was employed in Police and serving at Delhi. Jai Ram was employed in the Malaria Office, Gurgaon on the post of M.P.H.S. At the time of marriage, the complainant had given dowry articles to his daughter according to his status. After some months of the marriage, Vinod Kumar, husband, Poonam mother-in-law, Mani Ram Gautam, father-in-law and brothers-in-law of Raj Bala started harassing the complainant on account of insufficiency of dowry. On 6.3.1992, Raj Bala was mercilessly beaten and driven out of the house with definite direction to her that she could return to the matrimonial home only if she brings Rs. 50,000/- from her parents otherwise she would be killed. Raj Bala reached her house on 6.3.1992 at 7.00 p.m. and narrated the above incident to him. Next day complainant along with Raj Bala went to his parents and brothers, who misbehaved with the complainant and asked him to get out of the house along with his daughter otherwise they would be killed. The complainant disappointed with the behaviour of the accused returned to his house. On the insistence of wife of the complainant, he in the company of his son Kasturi Lal Azad went to the house of in-laws of Raj Bala and handed over some money arranged by him. For some time, in-laws of Raj Bala did not harass her. About six months thereafter she was again given beating and asked to bring colour TV and scooter from her father otherwise she would be thrown out of the house. A complaint about this incident was made to Deputy Commissioner of Police, Delhi against Vinod Kumar. Vinod Kumar admitted his fault before the Deputy Commissioner of Police and thereafter took his wife with him after a compromise was effected between the parties. On 8.3.2000, Raj Bala was taken to Village Bangdola (Palam) where she started residing in a rented house with her husband. Three months thereafter Vinod Kumar removed the clothes of Raj Bala and bolted her in a room and knob of gas cylinder was opened in order to kill her. On hearing the cries of Raj Bala, her neighbours gathered there and saved her. Thereafter the complaint received a phone call and went to village Bangdola and brought back his daughter to his house. Thereafter, information about this incident was given to the parents of Vinod Kumar who approved the action of their son. On 20-6-2000, the complainant in the company of Raj Bala appeared before the Deputy Commissioner of Police, Delhi and made a written complaint in this regard to the Police Station, Parsad Nagar. Thereafter Vinod Kumar met with an accident and no further action was taken against him on the complaint made by the complainant. After some time Vinod Kumar again threatened the complainant on telephone to kidnap his grand-daughter so as to marry with her. A written report in this regard was made to Police Post, Pataudi Road, Delhi. The Incharge of the Police Post called all the accused in the Police Post and got effected a compromise between the parties. The Panchayat was also convened in Kamla Nehru Park, Delhi and a compromise was arrived at between the parties. Subsequently, the accused backed out of the compromise and stated that they will not allow Raj Bala to live in the matrimonial home. Thereafter, the present report was lodged.

(3.) OPPOSING the submissions made, it has been contended by the State Counsel as well as counsel representing the complainant that Raj Bala during the period of her stay with her husband, had not only been harassed, maltreated and beaten but an attempt and also been made to kill her by the petitioner and taking into account the above circumstances mentioned in the report lodged, the concession of bail be not extended to the petitioner-accused.