SAUDAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER made in the petition is for grant of regular bail to the petitioner in case FIR No.33 dated 6.4.2013 registered at Police Station Mullanpur Garib Dass under Sections 323, 498 -A, 376, 315, 506 and 511 IPC.

(2.) THE aforementioned FIR was registered on the basis of statement made by the prosecutrix wherein she stated that she was aged about 21 years. The petitioner, who was residing in her neighbourhood, had an affair with her. On 11.6.2012, the petitioner took her to a restaurant where he had sex with her. He told her that as she could not now go back home, she should marry him. On 13.6.2012, she, alongwith the petitioner, appeared before the High Court for marrying him. Both of them started living at village Kambali Pattan. Thereafter, both of them went to the house of his sister -in -law at village Kisanpura, where they stayed for three months. Both of them then moved to Dhanas. Since the petitioner was facing financial hardship, he often used to go to Mullanpur Garib Dass for operating a J.C.B. machine. In his absence, his brothers had been coming to her house and committing rape with her and threatening her. Whenever she used to resist their attempt, they would state that she was left with no other option and in case she still resisted they would kill her. Being helpless, she kept on suffering the atrocities. The petitioner gave her beatings a number of times and asking her to bring her share of property from her father. He also told her that he had married her only for her property and not on account of any love for her. Her mother -in -law, father -in -law and sisterin - law used to taunt her that she had not brought any dowry article nor brought her share from her father s property and if she wanted to stay in their house, she should bring ornaments for the ladies and Innova car for their son. On 24.3.2013, she came to the house of her in -laws at Mullanpur Garib Dass. On 25.3.2013, in the evening, the petitioner gave her beatings for the reason that she did not fulfill the demand of his family to bring dowry. On 5.4.2013, in the evening, her mother -in -law and her two brothers -in -law caught hold of her, whereas the petitioner gave kick blows in her abdomen by stating that she had become a burden for all of them and, thus, they would not spare the child, which was developing in her womb. She collapsed on the ground due to the kick blows. The petitioner then caught hold of her from her hair and pushed her against the wall. After leaving her, all the accused entered their respective rooms. When she regained consciousness, she went to her parents house, where her parents arranged a conveyance and got her admitted in Civil Hospital, Kharar. She, accordingly, prayed for taking legal action against the accused, including the petitioner.

(3.) AFTER the registration of the case, the petitioner was arrested on 6.4.2013. He then filed an application for the grant of regular bail but the same was dismissed by the Additional Sessions Judge, S.A.S. Nagar, Mohali vide order dated 22.5.2013 (Annexure P -10). He then moved this Court by filing Criminal Misc. No.M -19622 of 2013 which came up for preliminary hearing on 12.9.2013, when, after arguing for some time, counsel for the petitioner requested for withdrawal of the petition, at that stage. The petition was, accordingly, dismissed as withdrawn on 12.9.2013 (Annexure P -12). He has, once again, moved this Court for the grant of bail by filing the present petition.