JAGBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner husband Jagbir Singh has sought anticipatory bail in case FIR No. 25 dated 3.8.2019 under Sections 323, 406, 498-A, 509 IPC, Police Station Women Cell, Amritsar got registered by respondent no. 2-wife.

(2.) The precise allegations are that the marriage between the petitioner and the complainant took place on 12.8.2013 and no child was born to the couple. On account of matrimonial dispute the wife moved a complaint to the police on 27.4.2019. In the complaint, the complainant alleged that her parents and brother had expired and her Bhabhi had solemnized her marriage with the petitioner wherein gold articles and costly items including house hold goods were given. However, the accused and his family were not happy with the same. It is alleged that the petitioner happens to be drug addict and under physical abuse, coercion and pressure, the husband along with his family managed to secure a loan of Rs 6,40,000/- on the basis of government service of the complainant and forcibly made her withdraw Rs 3,20,000/- out of her GPF fund. It is alleged that the accused have been physically abusing her as well as mentally torturing and had thrown her out of the matrimonial home and usurped her articles of Ishtridhan.

(3.) Mr. Vishva Bahl, counsel for the petitioner has contended that the present FIR is a counter-blast to the petition moved by the husband under Section 13 of the Hindu Marriage Act and that there is no specific allegations against the petitioner in the commission of the offence and his co-accused non-applicant father has been allowed the relief by this Court.