ANEES @ NISO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the instant petition for pre-arrest bail filed by the petitioner and emanating from the record, as claimed by the prosecution, inter-alia, are that the marriage of Mumtaz, sister of complainant Abdul Jabbar s/o late Abdul Rehman (for brevity "the complainant"), was solemnized with Mohd.Asif Farooq s/o late Mohd. Nasim on 14.4.2012, according to Muslims Rites and Ceremonies. Her parents were stated to have given sufficient dowry articles in the marriage as per their capacity. Soon after the marriage, the accused started taunting and harassing her on the ground that her parents have not given a car at the time of marriage. Ultimately, petitioner-accused Anees alias Niso and Mohd. Asif Farooq etc. have turned her out of the matrimonial home. She remained in her parental house for about 11/2 month. Thereafter, a panchayat was convened, the matter was compromised and Mumtaz was sent to her matrimonial home, but the things did not improve.

(2.) Sequelly, the complainant claimed that on 26.8.2014, his sister came to his house and narrated, while weeping, that her husband was demanding Rs.30,000/- and threatened that in case she has not brought the indicated amount, then, she would be killed. Ultimately, the complainant gave Rs.30,000/- to his sister, who gave it to her husband. However, the behaviour of the accused did not change. The petitioner and her other coaccused had given beatings and demanded a car or a plot from her parents. Finding no alternative, a plot of 100 square yards, situated at Malerkotla, was stated to have been given to Mumtaz.

(3.) Similarly, the case of the prosecution further proceeds that on 29.8.2014, the complainant received a telephonic call from Mohd. Asif Farooq that his sister Mumtaz had received injuries and is admitted in Sobhati Neuro Hospital, Ludhiana. She was to be operated and asked him to bring Rs.1 lac. The complainant paid Rs.50,000/- through his younger brother to the husband. On 30.8.2014, the complainant also gave another sum of Rs.30,000/- to the husband. As luck would have been that on 17.9.2014, Mumtaz succumbed to her injuries. On inquiry, it revealed that Mohd.Asif Farooq (husband), petitioner Anees alias Niso (mother-in-law) and Nahida (sister-in-law) of the deceased gave beatings to Mumtaz as she could not fulfill their illegal demands.