LAWS(HPH)-2011-8-6

MANJIT KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On August 11, 2011
MANJIT Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) This is an application under Section 439 Code of Criminal Procedure for releasing the Petitioner on bail in FIR No. 17 of 2011 dated 18.04.2011, registered at Police Station ChintpurniJi under Sections 498A, 306 and 34. The status report has been filed, record perused.

(2.) It has been submitted by learned Counsel for the Petitioner thatPetitioner and deceased Poonam Devi got married about three years ago and a daughter was born from the wedlock. It has been alleged thatPetitioner and his parents used to maltreat the deceased and did not provide her with day to day expenses. The further allegation is that on account of treatment given by the Petitioner and his parents etc. deceased consumed some poisonous substance and committed suicide on 17.4.2011. On the basis of above allegations a case has been registered implicating the Petitioner, his parents, brother-in-law and sister. It has also been submitted that exceptPetitioner the others have been released on bail. The Petitioner was arrested on 18.4.2011 and since then he is in custody. The learned Counsel for the Petitioner has submitted thatPetitioner is innocent, after completion of investigation challan has already been filed but charge has not been framed as yet. It has been submitted that no purpose will be served for detaining the Petitioner for indefinite period. The trial of the case will take some time. The Petitioner is ready to furnish bail bonds and therefore, prayer has been made for releasing the Petitioner on bail.

(3.) The application has been opposed by learned Additional Advocate General and she has prayed for dismissal of the bail application. She has submitted that the Petitioner and his family maltreated deceased Poonam Devi and therefore, she ended her life. In normal course no married woman with a small baby would take extreme step to end her life.