SHYAM SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard. Petitioner's Counsel submitted that Sham Sunder is the younger brother of the husband of the deceased Mamta @ Pinki wife of Rajender; Smt. Santosh is the sister-in-law (Jethani) of the deceased, Smt. Neelam petitioner No. 3 is the sister-in-law (Nanad) of the deceased; at the time of the marriage of the deceased with Rajender, Smt. Neelam was unmarried; Smt. Neelam was married before the death of the deceased and settled at Bahadurgarh with her in-laws.

(2.) Learned Counsel for the petitioners submits that the deceased was married with Rajender on 29.4.1996. It was marriage in which no dowry was demanded, as per the father of the deceased Pinki. As per him, in Lagan ceremony Rs. 11,000/- was demanded by her Jeth Rajesh in addition to one scooter. He replied that at that time of settling the matrimonial alliance, they had accepted his daughter with one dried coconut only and he was a poor man and how could he arrange such a hefty amount but he had taken Rs. 5,100/- with him which were not accepted. Only one rupee was accepted by Pinki's father-in-law saying that they would settle it afterwards let the marriage ceremony should take place. As per Pinki's father, they had given black and white television, sewing machine, press, wrist watch, etc. etc. in dowry. Pinki's Jeth and mother-in-law were not satisfied. They were saying that fridge, colour television and scooter should have been given and they expressed their annoyance. At the time of departure ceremony, he assured to give them Rs. 5,000/- whereas in shagun only one rupee was given. A few days after the marriage, Pinki's Jeth Rajesh took away Rs. 5,000/- in cash. Just after marriage, Pinki's mother-in-law, husband, etc. started saying that she had brought saries which were not of their choice and they taunted her and gave her beating. Pinki's father could not fulfil their demand. On the occasion of birth of girl to Pinki on 9.4.1997, some gifts were given in chhuchhak. On 22.5.1998, on the birth of a son to Pinki, Rs. 11,000/- in coins were given apart from other gifts. As per Pinki's father, they were still not satisfied and continued harassing her on account of non-fulfilment of their demand for fridge and scooter. On her father's visit to her, she told him that she was being harassed by all of them and either he should fulfil their demand or take her with him as they all were planning to kill her. At that time, whole family was present including Rajesh who said that he would arrange second marriage of his brother in case of her death as they were sufficiently well off. He requested them not to harass his daughter. On 21.3.1999, he received telephone. On telephone, she conveyed him that he should take her along otherwise, they will not spare her. On 22.3.1999, he sent his brother Om Parkash to Mohindergarh. On return, Om Parkash told him that Pinki was willing to accompany him but her mother-in-law did not allow saying that she will be sent for all times to come. At that time, her sister-in-law was also present. On 23.3.1999, Pinki died. As per her father Rattan Lal Sharma, she was done to death by her husband, her Jeth, father-in-law, mother-in-1aw, Jethani Santosh, Devar Sham Sunder and Nanad Neelam after planning, for not bringing sufficient dowry.

(3.) Learned Counsel for the petitioners submits that there are no allegations against Sham Sunder, Santosh and Neelam. At best, they are of general character. Looking to the fact that Sham Sunder is younger brother of the husband of the deceased and is aged 18 years while Neelam is the sister-in-law of the deceased and Smt. Santosh is the Jethani of the deceased and at the best the allegations, if any, against each of them are of general character, I think anticipatory bail should be allowed to them. It is, therefore, ordered that in the event of arrest, the Investigating Officer shall call upon the petitioners to furnish bail. They shall join the investigation and keep joining the investigation as per the direction of the Investigating Officer.