GEETA NEE NEHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER is claiming cancellation of bail granted to respondent Nos. 2 to 4 in connection with criminal case titled 'Geeta v. Sunila Kumar and others' under Sections 323, 498-A, 406, 34 I.P.C.

(2.) PETITIONER 's contention is that she was married with respondent No. 2 on 11.10.1992 at Phagwara. Dowry worth Rs. 2,50,000/- was given in her marriage. Soon after marriage she was being harassed by respondent Nos. 2 to 4 and her sister-in-law on account of bringing less dowry. Though subsequently gifts were also given to them but were they not satisfied and started demanding Maruti car for which she was mal-treated also. When she was at the advanced stage of pregnancy, she was sent by respondent Nos. 2 to 4 to her parental home where she gave birth to a son Pratik. Respondent No. 2 never tried to bring her back. On the intervention of the Panchayat people she was sent back to her matrimonial home alongwith certain gifts and cash. Still there was no change in the behaviour of the respondents. Because of non-fulfilment of demand of dowry she was turned out of the matrimonial home in February, 1996. Respondent Nos. 2 to 4 and other accused also refused to return her Istri Dhan on demand. Thus according to the petitioner-complainant respondent Nos. 2 to 4 and other accused have committed offences under Sections 323, 498-A, 406/34 IPC. She lodged a complaint, Annexure P-1, to that effect in the Court of Sub Divisional Judicial Magistrate, Phagwara.

(3.) AFTER being enlarged on bail, respondent Nos. 2 to 4 have misused the concession of bail. On 29.6.1997 at about 8.30 p.m. they came to the house of the petitioner's father with an intention to forcibly and illegally taking away Pratik, son of the petitioner. When brother of the petitioner declined to tell them the whereabouts of Pratik, on the exhortation of respondent No. 4, respondent No. 2 slapped petitioner's brother Lalit Nayyar and respondent No. 2 caused an inquiry on his left arm with a knife. About this incident, FIR (Annexure P/4) was lodged by Lalit Nayyar on 30.6.1997. He was also medically examined on 29.6.1997 and as per report Annexure P/5, he sustained wound 2.5 cm x 0.5 cm x 1 cm on the left upper arm in its middle lying horizontally. Earlier, also in February, 1996, these respondents tried to forcibly take away Pratik for which a complaint was lodged at Police Station, Phagwara on 26.2.1996 vide Annexure P/6. On the basis of the report lodged by Lalit Nayyar, Police registered an offence under Sections 324, 452, 506/34 IPC against these respondents. Police submitted charge-sheet on 5.11.1997. Case was fixed for framing of the charge on 22.11.1997.