GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No. 59 dated 10.07.2013 for offences under Sections 406, 498 -A and 323 of Indian Penal Code (IPC), registered at Police Station Women Cell, District Jalandhar City.

(2.) THE facts of the case are that the petitioner is B -Tech and was pursuing M -Tech at the time of filing of the instant petition. Respondent No. 2 -complainant was MBA and pursuing Ph.D. At the time of marriage, the petitioner was employed as Deputy Manager in the multinational company and complainant was working as lecturer in an Engineering College near Jalandhar. The complainant was blessed with a son who is about 2 years old.

(3.) THE marriage was solemnized on 26.01.2011. Nothing was demanded by the petitioner and his family towards dowry. However, after the alliance was finalized, the in -laws of the complainant started demanding Rs. 10 lacs but they were able to give only Rs. 5 lacs by way of cheque and another amount of Rs. 1 lac through cash. Apart from that the jewellery weighing 20 tolas of gold was also given. After the marriage, the in -laws of the complainant started torturing her for demanding more cash amount. They have been pressurizing the complainant to go back to her parental house. Petitioner had also been insisting the complainant to sign blank papers for preparing the divorce document and he was even forcing her to put her signatures on the stamp papers as he wanted divorce. After 20 days of marriage, when the complainant went to her parents house, the petitioner contacted her on telephone and fought with her. The petitioner told the complainant not to come to his house. The complainant had conceived in the month of April, 2011. It was found that in the month of May, 2011 that the petitioner was looking for matrimonial for himself from Jeevansathi website. On 7th month of pregnancy, the complainant suffered serious complications and was referred to Delhi. She went to Delhi where her father was working as Professor in Jamia Millia Islamia, Delhi and stayed at her father's place for about two months and she gave birth to a male child on 28.10.2011. All the expenses for the birth of child were borne by her parents. After one week of the birth of child, the petitioner and his parents came but went back without providing any solace to the complainant. They did not call her to come back to her matrimonial home. She went to matrimonial home on 12.4.2012 and was harassed. She wanted to come back to the matrimonial home but her husband told her not to come before 04.06.2012 pretending that he was going away from the town. The petitioner went on avoiding for another two months. In July, 2012, the complainant was determined to go back to her matrimonial home even if the petitioner was out of station. When she came back, she found that the petitioner was not interested to accept the complainant as her parents had not fulfilled their demands.