LAWS(P&H)-2022-1-6

RAJNI BALA Vs. STATE OF PUNJAB

Decided On January 04, 2022
Rajni Bala Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This is a first petition under Sec. 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR no.0357 dtd. 1/12/2021 registered under Sec. 498-A IPC at Police Station Derabassi, District SAS Nagar.

(2.) Learned counsel for the petitioner has submitted that in the present case, the petitioner was earlier married to one Harmesh Singh who had unfortunately died and thereafter the petitioner had got married to Amarjit Singh, the father-in-law of the complainant. It is also submitted that even Amarjit Singh had a first wife who had unfortunately died and the present marriage of Amarjit Singh was his second marriage also and out of first marriage of Amarjit Singh, three children were born namely,Anoop (husband of the complainant) and two daughters also are married and on the other hand, the petitioner also had two children from the first marriage. It is further submitted that the petitioner primarily resides at House no.286, Ward No.5, near Old Sabzi Mandi, Kang Mohalla, Samrala and not in the matrimonial home which is at village Makkowal, Tehsil Chamkaur Sahib, District Rupnagar. It is further submitted that prior to the registration of the present FIR, the said Amarjit Singh had disinherited his son Anoop as well as his daughter-in-law (complainant Satwinder Kaur) and also the daughters Sonia Rani and Alka Rani from his moveable and immovable property. It is further submitted that a perusal of the FIR would show that marriage had taken place between Anoop son of Amarjit Singh and the complainant on 23/11/2020 and that as per the allegations, the petitioner had gone to the paternal home and had come back on 13/1/2021. It is further alleged that on 17/1/2021 the father of the complainant came to her in-laws house to take her back and it is submitted that as per the said allegations, the petitioner and the complainant stayed together for a period of only 4 days. It is further submitted that the petitioner is residing separately and has nothing to do with the matrimonial dispute between the complainant and her husband Anoop, who is not even the real son of the present petitioner.

(3.) Notice of motion.