INDU BALA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Indu Bala, has approached this Court in the instant proceedings, filed under Section 438 of Cr.PC, for grant of anticipatory bail in respect of FIR No. 38/18 dated 13.4.2018, under Sections 498-A, 304-B & 34 IPC and Section 4 of Dowry Prohibition Act, registered at PS Nadaun, District Hamirpur, H.P.,

(2.) Sequel to order dated 8.5.2018, SI Rajesh Kumar, I/O P.S. Nadaun, District Hamirpur, H.P., has come present along with records. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(3.) Careful perusal of record/status report reveals that complainant namely Rajesh Kumar, alleged that he had solemnized marriage of his daughter namely Kanchan Sharma, in the month of August, 2016, with one Pardeep Kumar, S/o Dhani Ram, as per Hindu Rites. In December, 2017, Kanchan Sharma, gave birth to one baby boy, whereafter she came to her maternal house and disclosed to her parents that her in-laws harass/torture her for dowry. Complainant further alleged that his daughter also disclosed to him that her father-in-law, mother-inlaw, sister-in-law and brother-in-law, not only mentally torture her but persistently, ask her to bring dowry. On 14.2018, complainant gave a telephonic call to the father-in-law of his daughter (Kanchan Sharma) , to know the well being of his daughter, but he was informed that his daughter (Kanchan Sharma) , has been burnt. On the basis of aforesaid, complaint, FIR detailed herein above, came to be lodged against the accused persons named in the FIR including the present bail petitioner, who happened to be sister-in law of the deceased Kanchan. As per investigation, present bail petitioner was married in October, 2010, and since then, she has been residing with her husband namely Raman, who works in M.E.S at Yol Cantt. Investigation further reveals that bail petitioner though resides at Yol Cantt, District Kangra, but she oftenly visits her parents house at Kotla. Lastly, present bail petitioner had come to her maternal house on 27.12.2017, at the time of delivery of the deceased Kanchan.