M.M. Singh Bedi, J. - (1.) THE petitioners seek the concession of pre -arrest bail in a case registered on the basis of a complaint of Naresh, brother of deceased Ashwani Kumar, alleging that Ashwani Kumar was married to petitioner No.2 Muskan, daughter of Rajidner Kumar and a son aged 3 years was born out of the wedlock.
(2.) PETITIONER No.2 had a dispute with Ashwani Kumar regarding the money being sent by her to her parents from her earnings. On 26.6.2011 petitioner No.2 had a fight with deceased Ashwani Kumar and he had been given beatings. The allegation against petitioner No.1 is that he is real brother of petitioner No.2. He had, on earlier occasion threatened the deceased. Learned counsel for the petitioners has submitted that the deceased had been maltreating petitioner No.2, for which reason she had availed the legal remedy available to her, as per law by lodging a complaint (annexure P -2) with the police through her grand mother.
(3.) I have heard learned counsel for the parties and gone through the record. As the allegations are being levelled by both the parties of harassment against each other, it will not be appropriate at this stage to express any opinion whether it was the instigation or act of the petitioners that compelled deceased Ashwani Kumar to commit suicide or the chain of reaction was initiated by the deceased by maltreating petitioner No.2 -his wife. The investigation is at initial stage. It will be pre -mature to examine whether the acts attributed to the petitioners, would constitute abetment for suicide but this fact cannot be ignored that the act of suicide by Ashwani Kumar has got a direct link with the complaint made on behalf of petitioner No.2 against him before the police. There are allegations of beatings levelled against the petitioners. Whether those acts culminated or aided in the suicide of Ashwani Kumar are not be determined at this stage. No extra ordinary exceptional circumstances exist for the grant of pre -arrest bail to the petitioners. The pleas raised by the petitioners may constitute a good ground for grant of regular bail to them.;