- (1.) The present petition has been filed for anticipatory bail under Section 438 of Code of Criminal Procedure in FIR no. 23 dated 07.02.2012, under Sections 420/328/380/120B IPC, registered at police station City Kapurthala, District Kapurthala.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Additional Sessions Judge, Kapurthala dismissing anticipatory bail application filed on behalf of the petitioner.
(3.) This Court while issuing notice of motion on 23.03.2012 passed the following order:- "Crl.M.No.17880 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-8541 of 2012 Contends that dispute between the parties was matrimonial in nature and that during his life time complainant, i.e.,husband of the petitioner, had already filed a petition under Section 12 of the Hindu Marriage Act for getting the marriage dissolved, whereas present petitioner had filed a petition under Sections 12 (1), 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005. However, in order to pressurize the petitioner to give divorce, husband of petitioner during his life time lodged a complaint with the police and, however, after lodging the complaint and before registration of the FIR, he expired and present FIR was registered after death of her husband and the same is being pursued by son of husband of petitioner just to disinherit the petitioner from the property of her husband. Notice of motion to Advocate General, Punjab, for 20.4.2012. However, in the meantime, petitioner is directed to join the investigation and in case she is arrested, she shall be released on interim bail by the Arresting Officer to his satisfaction subject to compliance of conditions specified under Section 438(2) Cr.P.C.";