DHARAMVIR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition filed under Section 438 Cr.P.C. is for grant of anticipatory bail to the petitioner in case FIR No.114, dated 25.5.2011, under Sections 376, 493, 420, 498-A, 406, 506, 120-B IPC, registered at Police Station Dera Bassi, District SAS Nagar. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Mohali, vide which application filed on behalf of the present petitioner for anticipatory bail was dismissed. Brief allegations are that marriage of respondent no.2- complainant was solemnised on 11.3.2007. However, petitioner and his family members were not satisfied with the dowry given by parents of complainant and harassment started. A daughter was born out of the wedlock. THEre was allegation that complainant was compelled to bring Rs. 2.5 lacs from her parents. Petitioner and all the other accused pressurized the complainant that they had made an arrangement for sending the present petitioner to England and that visa could be obtained from the Embassy of England in case decree of divorce dissolving the marriage of the parties is obtained, as visa is not issued to a married person easily and hence, on the assurance of petitioner and his family members, respondent no.2 agreed for the same. It was represented that the said decree would be only a paper decree and their relations as husband and wife would continue.

(2.) ACCORDINGLY, a petition under Section 13-B of the Hindu Marriage Act was presented before the Court on 30.4.2009. Both the parties again appeared on 9.11.2009 and their marriage was dissolved by a decree of divorce vide judgment and decree dated 20.11.2009. However, despite passing of the decree of divorce, parties lived together and complainant became pregnant and she gave birth to a son on 10.10.2010. However, harassment continued. A coordinate Bench of this Court while issuing notice of motion passed the following order on 23.8.2011:-

(3.) THE same coordinate Bench of this Court passed the following order on 8.12.2011:-