LAWS(HPH)-2011-12-56

PAPU ALIAS MONA Vs. STATE OF H.P.

Decided On December 06, 2011
Papu Alias Mona Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) Nos. 973 and 974 of 2011. Cr.M.P.(M) No. 973 of 2011 has been filed by petitioner Papu alias Mona and Cr.M.P.(M) No. 974 of 2011 by petitioner Surjeet Kumar alias Chota under Section 439 Cr.P.C. for releasing them on bail in FIR No.148/2011 dated 13.09.2011, registered at Police Station, Jawalamukhi, under Sections 498 - A, 306 IPC.

(2.) IT has been stated that FIR No. 148 dated 13.09.2011 has been registered at Police Station, Jawalamukhi, under Sections 498 -A, 306 IPC on the complaint of Balak Ram stating therein that complainant had married his daughter with Rajiv Kumar, brother of petitioners, on 13.02.2009, for few months they had cordial relations, but after that her husband Rajiv Kumar, petitioners, father -in -law Karam Chand, sisters -in -law Ramana,Ranjana alias Kalu and Monika started torturing the daughter of complainant on demand of dowry. The complainant told the father of the petitioners and other accused that only two years were left for his retirement and on his retirement he would fulfill their demands of dowry.

(3.) THE petitioners moved bail applications under Section 439 Cr.P.C. which have been dismissed by learned Sessions Judge, Dharamshala, on 04.11.2011 on the ground that allegations against the petitioners are serious. It has been stated that petitioners have been falsely implicated in the case. The father of the deceased had not made any complaint earlier in the Police Station or with the Panchayat. Monu daughter of the complainant was in family way, on 05.09.2011 she was got medically checked up. According to doctor, the foetus was not showing any heart beat, some medicines were prescribed by the doctor to the deceased.