SATYA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) SHRI Virender Kumar (co-accused) nephew of petitioner (Smt. Satya Devi) was married to Smt. Rajnish Kumari (deceased) on 4.3.2000. From the wedlock, one son was born on 23.9.2005. On 28.1.2013, undisputedly Smt. Rajnish Kumari committed suicide by hanging herself with a Dupatta from the roof in the house of her father. She was rushed to the hospital where she was declared dead. Police was informed; postmortem was conducted and statement of Shri Surinder Sharma, father of the deceased was recorded by the police. Dead body was handed over to the parents of the deceased and the body was cremated. Only on 11.2.2013, the father of the deceased lodged a complaint, implicating the petitioner, with the police at Police Station, Sadar, District Mandi enclosing a suicide note allegedly written by deceased. There are allegation of cruelty committed by the members of the family. Based on the same, police registered F.I.R. No.41/13 dated 11.2.2013 under Sections 498- A, 306, 34 IPC, Police Station, Sadar, District Mandi against the petitioner as also the family members. The police machinery was set into motion and the Investigating Officer recorded statement of the father of the deceased as also her brother, under Section 161 of Cr.P.C. As per the statement of the father, deceased had been staying with him for more than one month.

(2.) APPREHENDING arrest, the present petitioner being aunt of the husband of the deceased filed instant petition on 4.3.2013. The matter came up before the Court on 5.3.2013, when interim order was passed to the effect that in the event of arrest, petitioner be enlarged on interim bail in connection with the aforesaid offences. The Court also directed the petitioner to join investigation as and when called for by the police. The matter was adjourned for 14.3.2013 and the interim order was extended.

(3.) THERE is no doubt that an F.I.R. with regard to a very serious and heinous crime has been registered against the petitioner. I have perused the status report as also the record produced by the Investigating Officer, A.S.I. (Shri Swaran Roop Singh), Police Station, Sadar, District Mandi. Record reveals that petitioner has been fully cooperative during the course of the investigation. It is also a matter of fact that on 28.1.2013, no grievance was made by the father of the deceased or any member of her family against the present petitioner with regard to any alleged acts of cruelty, dowry demand etc. It is brought to my notice that investigation is almost complete and Challan is likely to be filed in the near future.