LAWS(P&H)-2019-12-288

SEEMA BHATIA Vs. STATE OF PUNJAB

Decided On December 12, 2019
SEEMA BHATIA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of anticipatory bail in a case registered against her vide FIR No.0178 dated 4.11.2019 under Sections 304-B IPC at Police Station Shimlapuri, District Ludhiana.

(2.) The FIR was registered at the instance of Pardeep Bhatia wherein it has been alleged that about two years back, the marriage of his daughter namely Palak Bhatia was solemnized with Pranav, resident of Ludhiana. However, shortly after her marriage, her in-laws started torturing her physically as well as mentally and used to call her ugly and work shirker. Upon coming to know about the same, the complainant along with other members of his family visited the in-laws family of his daughter in order to reason out with them and the in-laws, while accepting their mistakes assured them that they would not repeat the same. However, they did not desist from harassing complainant's daughter. Subsequently, when complainant's daughter became pregnant, she informed that her in-laws have been making her consume some substance contained in packet which they referred to as 'swah' and also got something administered to her through injections by a private nurse. When the complainant discussed the matter with his son-in-law Pranav, he replied that he was the husband of complainant's daughter and that the complainant should not interefere. It is alleged that subsequently when complainant's daughter visited her parental home in Morinda in connection with ceremony of 'godbharai', the complainant become worried seeing the health and complexion of his daughter. Later, in view of deteriorating condition of complainant's daughter, the complainant requested the accused to get complainant's daughter properly treated and left his younger daughter to take care of complainant's daughter in her matrimonial home. It is alleged that father-in-law and mother-in-law of complainant's daughter, however, snatched the mobile phone belonging to complainant's younger daughter and continued with the treatment of complainant's daughter Palak Bhatia at their residence only and on account of which her health further deteriorated and she ultimately became unconscious and was admitted to DMC Ludhiana. When the complainant came to know about the same, they rushed to DMC hospital from where they came to know that the baby carried in the womb of complainant's daughter Palak Bhatia had died and that even complainant's daughter was fighting for her life. Even, the complainant's daughter could not survive and died on 3.11.2019. It is alleged that his daughter had been done to death by her in-laws in connivance with each other.

(3.) The learned counsel for the petitioner has submitted that a false FIR has been lodged pursuant to unfortunate death of complainant's daughter who was pregnant on account of surcharged emotions of complainant's family. The learned counsel has submitted that even a bare perusal of FIR would show that no offence under Section 304-B IPC would be made out as there is hardly any allegation pertaining to harassement of the deceased in connection with any demand of dowry. The learned counsel has further submitted that it is a case where the complainant's daughter had died a natural death on account of some complications during pregnancy. The learned counsel has referred to the cause of death which has been defined in the postmortem report as follows :-