LAWS(HPH)-2011-5-61

SAMANGALAN DEVI Vs. STATE OF H P

Decided On May 17, 2011
SAMANGALAN DEVI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) BOTH these petitions are being taken up together for decision as they arise out of the same incident. The petitioner in Cr.MP(M).No. 317 of 2011 is the husband and in Cr.MP(M).No. 315 of 2011, she is the mother-in-law of the deceased.

(2.) BOTH of them approached the learned trial Court for grant of bail pleading that they were not in any manner involved in offences under Sections 498-A and 306 I.P.C. registered with Police Station, Dharamshala, District Kangra. The case set out by the police against them was that Bhupuinder Singh was married to one Naina Devi in April, 2008 and they have a child of two years from the wedlock. The deceased (wife) was treated well for the first 3/4 months where after she was meted out maltreatment for not bringing adequate dowry. It was alleged that he along with her mother Samagalan Devi were responsible for meting out this maltreatment. On 22.3.2011 the deceased had gone to her parental house to attend the `Chaubarsi' (fourth death anniversary of her `Taya'). She returned home on 23.3.2011 on which date the father of the deceased who is the complainant, received a telephonic message that deceased had consumed some poison and committed suicide. The learned trial Court considering the allegations made on the record, rejected both the bail applications considering the heinous nature of the offence. The present applications have now been filed.

(3.) IN these circumstances, it is directed that petitioner- Samangala Devi shall be released on bail on her furnishing personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the learned Additional Sessions Judge, Kangra at Dharamshala. It is further directed that: