ARVIND KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 439 of the Code of Criminal Procedure seeking benefit of regular bail to the petitioner pending trial in case FIR No.256 dated 6.10.2014, under Section 302 of the Indian Penal Code registered at Police Station City Kapurthala.

(2.) Fir was registered on the statement of Subhash Chander, retired Colonel from the Indian Army, aged 70 years. It was stated that daughter of the complainant, namely, Neelam was married to Arvind Kumar (present petitioner) in the year 2000 and out of wedlock, two sons were born. It was stated that Arvind Kumar had been harassing Neelam for the sake of dowry. On 1.10.2014, Neelam along with the younger son Kartik had come to the parental house at Panchkula and had informed the complainant that her husband had raised a demand of Rs. 2 lacs for purchase of a big car. As per complainant, he had conveyed to his daughter that he was not in a position to make over such amount, but he would think it over and had insisted upon his daughter to extend her stay at the parental house. Thereafter, on 5.10.2014, Neelam along with her son had boarded a bus for going back to her matrimonial home at Kapurthala. At 5.00 p.m., Neelam had informed the complainant on telephone that her husband Arvind Kumar had picked her up as also the son from Jalandhar Bus Stand in a car and thereafter, while proceeding to Kapurthala, a quarrel had taken place. Complainant further stated that on the following day i.e. 6.10.2014 at about 7.40 a.m., some unknown person using the mobile phone of Arvind Kumar had informed on the mobile number of the son of the complainant i.e. Col.Rajinder Kumar that Neelam has died. Complainant lodged the statement stating that he had full belief that Arvind Kumar, husband has killed his daughter by strangulating her.

(3.) Petitioner is in custody since 6.10.2014. Investigation in the case having been completed, challan was presented, charges framed and the trial is under way.