KIRPAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application, under section 439 Cr.P.C., for releasing the petitioner on bail in FIR No. 88/2011 dated 19.9.2011 registered at Police Station, Gagret, under sections 498 -A, 306 IPC. It has been stated in the application that marriage of the petitioner with deceased Vinod Kumari was solemnized in the year 2003 and from the wedlock two sons were born, who are 7 and 4 years of age. The petitioner went abroad for earning his livelihood in December 2009 and returned to India in January 2011. The petitioner and deceased lived together peacefully. On 18.9.2011, Vinod Kumari wife of the petitioner consumed some poisonous substance. The petitioner took her to hospital but she could not be saved. The cremation was attended by the relatives including the father of the deceased. Later on at the instance of some inimical interested persons, the father of the deceased Puran Chand made a false complaint to the police alleging that his daughter was tortured on account of dowry by the petitioner.

(2.) THE allegations of dowry against the petitioner are false. The petitioner had been taking care of the deceased and children, even LIC policy was taken by the petitioner in the name of deceased. The petitioner had been sending money to the deceased through her bank account when the petitioner was abroad.

(3.) THE status report has been filed. It has been stated that case has been registered on the statement of Puran Chand father of the deceased, under section 154 Cr.P.C. He has stated that Vinod Kumari was married on 17.4.2003 with Kirpal Singh and from the wedlock, two sons were born to Vinod Kmari. After about two years of marriage, deceased started complaining to complainant and his wife that petitioner had been beating her for bringing less dowry. It was alleged that petitioner was in the habit of consuming excessive liquor and giving beating to the deceased. The complainant advised the deceased to stay with her in -laws. In order to maintain the dignity of the family the complainant did not disclose the ill -treatment of petitioner to deceased to his relatives nor he reported the matter to the police or panchayat.