KASHMIRO DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed seeking pre-arrest bail in a case registered for the offences under Sections 498A, 307 and 427 IPC at Police Station Gardhiwala, District Hoshiarpur.

(2.) The FIR has been registered on the statement of Sunita Rani who is the daughter-in-law of the petitioner. It has been alleged by the complainant that she was married with Madan Lal son of the petitioner on 27.11.2005. She has one son aged 3years. At the time of marriage, dowry was given by her parents beyond their capacity. However, the in laws of the complainant were demanding more. The complainant has alleged that the petitioner was troubling her on this account. The marriage of the brother of the husband of the complainant was solemnized in April, 2008. His in laws gave him a motor cycle in dowry. After that in laws of the complainant also demanded a motor cycle from her and taunted her. The petitioner gave slaps to the complainant three days earlier to the registration of the FIR on 8.7.2009. It is alleged that on the said date, the petitioner brought fodder from the fields at about 8:00 AM and started saying that her old dowry articles along with the complainant would be set on fire. The petitioner, then brought the Kerosene oil and put the same on the complainant and lit fire to the dowry articles, which were lying in the room. The complainant then went out. Due to the fire, her dowry articles Crl.Misc.No.M-23269 of 2009 i.e. Double Bed, Sofa, Almirha with material, Cooler, TV and Clothes all got burnt. Her jewellery was with her in laws. By demanding more dowry from the complainant, by burning her dowry articles and putting kerosene oil on her, it is alleged that her in laws tried to kill her.

(3.) According to the petitioner, a false case was registered against her to settle scores. The allegations are absolutely false. The petitioner was not present at the place and the time of occurrence. It is stated that occurrence allegedly took place at 8:00 hours in the morning and information regarding which was given to the police station at 19:55 hours i.e. after a delay of almost 12 hours. The petitioner has also submitted a representation on 10.7.2009 (Annexure P-1) before the Superintendent of Police, Hoshiarpur. It is, however, not in dispute that the complainant has not suffered any injury. This Court vide order dated 31.8.2009 observed that the petitioner be also associated in the enquiry and she shall appear before the Deputy Superintendent of Police, Dasuya or the Investigating Officer for the purpose of investigation in the case. In any case, the petitioner was granted interim bail subject to the conditions as contained in Section 438(2) Cr.P.C. Learned State counsel on instructions from HC-Satpal, Police Station Garhdiwala, District Hoshiarpur has submitted that the petitioner has joined the investigation and her custody is not required for the purposes of investigation.