MAHABIR SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This is Crl. Misc. No. 2430-M of 1999 whereby Mallabir Singh is claiming anticipatory bail in complaint case titled "Satbir Singh v. SI Randhir Singh and others" under Sections 364/355/366/376/148/149/506 IPC pending in the Court of Chief Judicial Magistrate, Karnal.

(2.) According to the allegations of the complaint, Satbir Singh has a brother named Shyam Pal alias Shama. Shyam Pal is married to Kamla alias Sushma. Shyama's relations with his in-laws became strained. Strained relations gave rise to the lodging of case FIR No. 60 dated 16.1.94 under Sections 363/366/376 IPC by Kamla's brother against Shyam Pal, Subhash, Smt. Bala Wife of Subhash, Smt. Banti and Smt. Rekha real sister of Satbir. In that case, allegation was levelled that Kamla alias Sushma had been seduced by Satbir's brother Shyama. In complaint in hand (ibid), Satbir alleged that Kamla was the legally wedded wife of Shyama. She was recorded as his wife in the ration card. Voters' record and the identity cards issued by the Election Commission of India. That FIR case was investigated by SI Randhir Singh and ASI Dhup Singh, Mahabir Singh Ommi and Om Parkash are distant relations of Karnla. In the first week of August, 1996, SI Randhir Singh alongwith few persons came to the house of Satbir at about 9 or 10 AM. At that time, his wife Smt. Pinki was there. On 14.8.96 at about 10 PM SI Randhir Singh, ASI Dhup Singh, Mahabir Singh, Ommi and Om Parkash took away his wife Smt. Pinki on their motor cycle without disclosing any reason. At that time, Sham Pal son of Jai Nath also reached there. He and Satbir could not save her. Satbir filed writ of habeas corpus in this Court with a view to secure Smt. Pinki's release. In that writ petition, SI Randhir Singh etc. appeared, on 19.12.96, Pinki appeared before this Court and stated that she had been raped by SI Randhir Singh, ASI Dhup Singh, Mahabir Singh, Ommi, Om Parkash and one Zile Singh.

(3.) Learned counsel for the petitioner submitted that this complaint is the off-shoot of case FIR No. 60 (ibid) registered against Shyam Pal as he (Mahabir Singh petitioner-herein) helped the police in recovering Smt. Sushma from the illegal custody of Shyam Pal.