SARNAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are father-in-law, brother-in-law (Jeth) and sister-in-law (Jethani) of the deceased, apprehending their arrest in a non-bailable offence in case FIR No. 91 dated 9.4.2004 under Section 302 read with Sections 120-B and 34 IPC, registered at Police Station Sadar Karnal, have filed this petition under Section 438 of the Code of Criminal Procedure for the grant of anticipatory bail, as they have been summoned as additional accused on an application filed by the complainant under Section 319 Cr.P.C.

(2.) I have heard counsel for the parties and gone through the contents of the FIR as well as the order dated 7.6.2006, passed by Additional Sessions Judge, Karnal, whereby bail application of the petitioners has been dismissed.

(3.) Initially, the aforesaid FIR was registered on the statement of father of deceased Geeta, who was married to accused Jitender Singh of petitioner No. 1, on the allegation that husband of the deceased and his family members used to harass the deceased for bringing a buffalo and a colour TV and they were demanding an amount of Rs. 20,000/-. In the FIR, it was alleged that on 8.4.2004, the complainant was informed that his daughter and accused Jitender had fallen in the canal along with their motor cycle. Jitender came out of the canal alive, whereas deceased Geeta is not traceable. Subsequently, during the investigation, a supplementary statement of the complainant was recorded, in which he stated that the reason of the death of his daughter was not the demand of dowry, but actually Jitender and his friends Sunil and Pawan Kumar, after making a plan, had murdered Geeta by throwing her into the canal. During the investigation, it was found that it was not a case of dowry death, but a case of culpable homicide amounting to murder. Hence challan was filed against Jitender husband and his two friends, namely Sunil and Pawan Kumar. The petitioners, against whom there were allegations of demand of dowry, were found innocent and they were kept in column No. 2.