VICKY ALIAS MANOJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for grant of regular bail in FIR No. 382 dated 31.07.2016 for offence punishable under Sections 304-B, 306 and 406 of the Indian Penal Code (in short, IPC) registered with Police Station P.G.I.M.S, Rohtak, District Rohtak.

(2.) Counsel for the petitioner has submitted that marriage of the petitioner with the deceased was performed on 09.10.2013. Immediately after the marriage, it was found that the deceased was suffering from some psychological problem. She was taken to Oscar Hospital, Rohtak and was referred to Dr. D.K. Puri and was admitted in the Hospital on 21.10.2013. She was taken to Mool Chand Clinic, Lajpat Nagar, Delhi and PGIMS, Rohtak in Nov. and Dec. 2013 as per documents appended with the application. Thereafter, she was taken to the Institute of Human Behaviour and Allied Sciences, Delhi on 24.01.2014 where she was called on various dates and the documents in this regard have been placed on record. The petitioner submitted an application dated 31.07.2014 (Annexure P5) for taking action against father and relatives of deceased wherein it was specifically mentioned that conduct and behaviour of Sapna, immediately after marriage, indicated that she was suffering from some serious mental problem. It is further argued that Sapna went back to her parental home on 01.06.2016 and she committed suicide on 31.07.2016 while she was staying at her parental house. The petitioner filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 on 22.07.2016 wherein he gave a detailed account with regard to behaviour of the deceased as well as her treatment in various hospitals from 21.10.2013 onwards.

(3.) Another submission made by counsel is that the deceased allegedly suffered a statement, basis of the FIR, to the effect that her marriage was solemnized three years ago; her husband used to demand money; he used to say that business was not going good; getting fed up, she poured petrol on herself and burnt. It is further argued that as the deceased at the relevant time was residing in her parental house, statement of the deceased recorded by the Judicial Magistrate on 31.07.2016 cannot be said to be without influence of her parental family particularly in the circumstances that as per the report submitted by the Forensic Science Laboratory in regard to the alleged suicide note left behind by the deceased, the last line in the suicide note attributing blame to her in-laws has tint of ink as well as nature of writing used for writing the other contents of the alleged suicide note to be different. Further argued that the deceased has tried to implicate the husband and his family members but challan has been presented only against the husband and others have been declared innocent. The last submission made by counsel is that on completion of investigation, challan has been presented in the Court and conclusion of trial is likely to take its own time.