MALOOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition filed under Sec. 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No.32 dtd. 20/4/2018 under Ss. 304-B/34 IPC (the offence punishable under Sec. 306 IPC was deleted vide rapat No.7 dtd. 5/5/2018), registered at Police Station Tarsikka, District Amritsar Rural.

(2.) Learned counsel for the petitioner has argued that the petitioner got married with the deceased-Rajwinder Kaur on 31/12/2015 and out of this wedlock, a girl child was born to them, who is living with the family of the petitioner. He has further argued that as per FIR, the petitioner and his parents started harassing deceased Rajwinder Kaur for dowry and for this count, the quarrels started between the parties. When the deceased was harassed, she come to the house of her parents and thereafter, the matter was compromised with the intervention of her Uncle Avtar Singh son of Joginder Singh. The deceased had told the complainant that her husband, mother-in-law and father-in-law are demanding motorcycle and on her refusal, the petitioner gave beatings to her because of which, she is in tension. Learned counsel for the petitioner has stated that as per recovery of dowry articles, motorcycle was already given in the marriage and therefore, there is no question of demand of motorcycle again. The petitioner is in custody since 21/4/2018 and as against total 26 witnesses cited by the prosecution, none of the witness has been examined so far.

(3.) Learned State Counsel on instructions from ASI Harbans Singh does not dispute the custody. However, he states that though none of the witness has been examined but now the case is fixed for 2/4/2019 for evidence of the PWs.