MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mani Ram and Poonam petitioners accused seek bail in case bearing F.I.R. 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 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 Officer, 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, Poonam mother-in-law Vinod Kumar, husband Mani Ram Gautam father-in- law- and brothers-in-law of Raj Bala started harassing the complainant on account of insufficiency of down. 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 the house of Vinod Kumar where he met Vinod Kumar and 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 the father otherwise she would be thrown out of the house. A complaint about this incident was made to Depute 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 complainant 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 also was convected 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.) Counsel representing the petitioners-accused while pressing for their bail has urged several grounds. Firstly, that the petitioner-accused along with their son Vinod Kumar have been falsely roped in this case as the marriage was solemnized between Raj Bala and Vinod Kumar more then nine years ago and the question of harassment being caused by the petitioners to Raj Bala is a result of the concocted story made by the complainant because the petitioners have been living separately from Raj Bala, who has been living with her husband in Village Bangdola and thus they have no role to play with regard to the allegations of demand of dowry, or beating alleged to have been given by them. Secondly, that taking the allegations at their face value, general allegations of harassment misbehaviour beating and demand of downy and cash amount of Rs. 50,000/- has been made against them without specifying the period, date and month in the report lodged. Thirdly, even as per facts stated in the complaint whatever differences Raj Bala had with her husband the same had been sorted out not only with the intervention of Deputy Commissioner of Police, Delhi but also by the Panchayat and thus acts of cruelty attributed to the petitioners were compounded by Raj Bala herself and the complainant.