PREM LATA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mr. Cheema submits that the deceased died within 55 days of her marriage. Petitioners are parents-in-law of the deceased. In the bail petition dying declaration recorded by a Magistrate is reproduced. The learned counsel pointed out that in this dying declaration, the deceased has clearly exonerated every person of her in-laws, family and has categorically stated that because of her own likings and inclinations and craving for outdoor life she could not cope up with the married life; therefore, she consumed tablets. He also referred to the letter written by the father of the deceased on 9.7.1997 (Annexure P-1), which also, according to him indicates that the deceased could not adjust herself in matrimonial home though even according to him her father-in-laws' family is richer and can provide all comforts and luxuries. He sent money to purchase a car to her in her own name because she wanted to have a car. According to the learned counsel, there was no demand of dowry, no harassment on that count. When she felt uncomfortable after taking tablets, she was removed by the petitioners to Civil Hospital, Ambala. From there, she was referred to P.G.I. Chandigarh, she survived for three days and died on 17.1.1998. Father of the deceased reached P.G.I. on 17.1.1998 in the morning. The deceased's uncle and aunt, who are living at Ambala, were present in the hospital at Ambala. He also contended that Kala Ramdesh, A.S.P. has conducted investigation about this dying declaration and she found that it was voluntarily made. She also found that the uncle and aunt of the deceased were present in Ambala hospital.

(2.) HUSBAND of the deceased is already on interim anticipatory bail. He has joined the investigation. The petitioners surrendered themselves before the police and are in custody since last two weeks after their period of protection granted by the court was over. On these facts, he submits that the petitioners are entitled to bail.

(3.) COMPLAINANT 's learned counsel also contended that the copy of the letter (Annexure P-1) is retained by father of the deceased. It is a long hand- written letter. According to him, in this letter, there are latent allegations against parents-in-laws and their family. It appears that he gave a little advice to his daughter to live happily in matrimonial home and to adjust her according to the family customs and tradition of her in-laws. He vehemently argued that within 55 days of her marriage, the deceased is dead. According to him investigation is still going on. At this stage, if the petitioners are enlarged on bail, it may run counter to the smooth running of the investigation. Husband has also been granted interim bail. No doubt he has joined the investigation, but the investigation is still going on. On these counts, he submits that bail petition of the petitioners be dismissed.