DEVINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Crl. Misc. No. 17114-M of 1999 whereby Devinder Kumar is claiming anticipatory bail in case FIR No. 87 dated 27.5.99 registered at Police Station Civil Lines, Amritsar under Sections 406, 498-A and 506 IPC.

(2.) According to the prosecution, Smt. Simmi Sharma daughter of Chaman Lal was married to Devinder Kumar on 4.9.96 according to Hindu rites at Amritsar. According to her, at the time of Thaka ceremony number of articles were given to Devinder Kumar, his mother Uma Devi, brothers Rajinder alias Nikka, Virender Kumar and sister Smt. Pushpa and her husband Tejinder which have been given in list-A attached to the application made by her to the SSP Amritsar which led to the registration of the case. At the time of Shagun, articles given in list-B were given on 4.9.96. Dowry was given by her parents, brothers, sisters and relations for her use which was of the value of Rs. 2/2-1/2 lacs. Articles of dowry were entrusted to them. Marriage was attended by her parents, brothers, sisters and Raj Kumar Bichola. Articles given by way of dowry at the time of marriage are mentioned in list-C. After marriage they started taunting, harassing and beating her saying that dowry brought by her was inadequate. Dowry entrusted to them was not restored to her when demanded by her.

(3.) Learned counsel for the petitioner submitted that this case is counter blast to the petition filed under Section 9 of the Hindu Marriage Act, 1955 by him for restitution of conjugal rights against her. It was further submitted that his father was arrested by the police on 31.5.98 and he was released on bail under the orders of Smt. Amarjot Bhatti, Judicial Magistrate 1st Class, Amritsar. It was further submitted that articles of dowry have been recovered and nothing remains to be recovered.