HARBANS KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard, Smt. Gurmit Kaur daughter of Mishra Singh was married to Makhan Singh son of Harnek Singh about 5 years earlier. According to Mishra Singh, who is lodger of the First Information Report, his daughter's father-in-law Harnek Singh, mother-in-law Baljit Kaur, her husband's younger brother Goggu @ Sarabjit Singh and Harbans Kaur, mediator of the marriage of Goggu @ Sarabjit Singh had been harassing Gurmit Kaur for having brought inadequate dowry. Not being able to bear their ill-treatment and Gurmeet Kaur used to leave the matrimonial home and go to her parents. She used to be left at the matrimonial home after tendering some advice to her. According to Mishra Singh, this happened many times. A few days prior to 19.9.1998, Panchayat had brought about compromise with the in-laws of Gurmit Kaur. On 19.9.1998, Mishra Singh and his son Gurjit Singh went to village Pakho Kalan to see Gurmit Kaur. When they reached the house of in-laws of Gurmit Kaur, they found her mother-in-law Baljit Kaur, father-in-law Harnek Singh, her brother-in-law Goggu @ Sarabjit Singh and Harbans Kaur, mediator of the marriage of Goggu, taunting Gurmit Kaur for bringing in adequate dowry. They became silent on seeing Mishra Singh and his son Gurjit Singh coming towards them. Mishra Singh and his son requested the in-laws of Gurmit Kaur that they were poor and could not afford more dowry. His son-in-law Makhan Singh also advised them not to harass and ill-treat his wife. Mishra Singh and his son Gurjit Singh went back to their village after advising the in-laws of his daughter. On 21.9.1998 a message was received by Mishra Singh that his daughter had taken poison- According to Mishra Singh, his daughter has put an end to her life because she was unable to bear the taunts and ill-treatment being inflicted by her father-in-law Harnek Singh, mother-in-law Baljeet Kaur, brother-in-law Goggu @ Sarabjit Singh and Harbans Kaur, mediator of the marriage of Goggu because she had not brought dowry to their satisfaction.

(2.) Learned Counsel for the petitioner Smt. Harbans Kaur submitted that Smt. Harbans Kaur is only a go between of the marriage of Goggu @ Sarabjit Singh. She is not a go between of the marriage of Gurmit Kaur with Makhan Singh. He further submitted that assuming that Gurmit Kaur had brought dowry in the wake of the alleged demand, that would have benefited Gurmit Kaur, and Makhan Singh and the other members of the family of Makhan Singh and it would not have benefited Harbans Kaur at all. He further submitted that the allegations are of general nature involving father-in-law, mother-in-law, brother-in-law and Harbans Kaur in this episode.

(3.) Keeping in view that the petitioner is not even the mediator of the marriage of Gurmit Kaur with Makhan Singh and the dowry if brought had not benefited her even remotely, I think anticipatory bail should be allowed to the petitioner. So, it is ordered that in the event of arrest of the petitioner, Investigating Officer shall call upon the petitioner to furnish bail to his satisfaction.