HARBANT SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) This petition is filed by the petitioner seeking release on bail in the event of his arrest in complaint case No. 78 dated 12.6.99 for the offences under Sec. 323/324/506/307/382/148/149 Indian Penal Code.

(2.) Respondent No.2 filed a private complaint against the petitioner on 12.6.99 in the Court of SDJM Kharar. According to her she married Malkiat Singh and her husband and his family members dragged her out of her matrimonial home since she did not bear any child. Thereupon she lodged a complaint in FIR No. 92 dated 2.4.96 against her husband and other members of the family and after investigation charge sheet was filed and charges were also framed against the accused in that case. Thereafter respondent No.2 also filed another complaint which was registered in FIR No. 103 dated 1.5.97 against the petitioner and others for the offences under Sec. 452/323/506/149 Indian Penal Code at PS Barnala. In that case also a charge sheet was presented. According to her the petitioner Harbant Singh filed an application for releasing him on bail under section 438 Code Criminal Procedure and the High Court rejected his bail application and thereafter he was arrested on 10.11.97 and he was remanded to police custody till 11.11.97. Thereafter he was released on bail and he absented himself in attending the Court on two or three occasions. It is further the case of respondent No.2 that the petitioner and her father-in-law Surjit Singh and other accused caused injuries to her and also snatched money and ornaments from her. Then she gave a report to the police at Malerkotla. DDR was recorded at No. 7 dated 22.9.98. Since no action was taken on the said DDR she filed private complaint before the learned Magistrate in complaint case No. 78 dated 12.6.99. In that case the accused were summoned by an order dated 4.8.99. She further stated that the petitioner and other accused were also challaned twice under Sec. 107/150 Code Criminal Procedure According to her all the family members of the petitioner are putting pressure on her to agree for divorce. It is also stated that a petition under section 13 of the HMA for dissolution of marriage has been filed by her husband. According to her the petitioner is brother-in-law of her husband and he is supporting her husband and is playing a motivated role therefore he is not entitled to the benefit of anticipatory bail. From the record it is clear that several cases have been initiated by respondent No.2 against the petitioner and other members of her-in-laws. The petitioner is working as a Lecturer in Government Senior Secondary School in Bathinda District. A private complaint came to be filed since the police has not taken any action on her complaint to the police. It basically appears to be a matrimonial dispute. The petitioner is only related to the husband of respondent No.2. He is the son-in-law of the brother of the husband of respondent No.2. On a consideration of the facts and circumstances of the case and after going through the record I am of the opinion that this is a fit case for releasing the petitioner on bail in the event of his arrest. Whether the petitioner has committed any offence is a matter to be gone into during the trial. At this stage no opinion can be expressed on the merits of the case.

(3.) Accordingly this petition is allowed. The petitioner is directed to be released on bail in the event of his arrest on his executing a bond in a sum of Rs. 20,000.00 with two sureties each in a like amount to the satisfaction of SDJM Kharar in complaint case No. 78 dated 12.6.99. The petitioner is said to be working at district Bathinda. He is directed not to leave Bathinda except for attending the Court cases except with the prior permission of the C.J.M. Bathinda. Petition allowed.