RAMESHWAR SINGH MALIK J. - (1.) THE instant petition has been filed by the petitioners under Section 438 Code of Criminal Procedure ('Cr.P.C. for short) for grant of anticipatory bail in FIR No.47 dated 16.05.2012 under Section 306/34 IPC registered at Police Station Buria, District Yamuna Nagar.
(2.) LEARNED counsel for the petitioners vehemently contended that they have been falsely implicated in the present case. Meena-daughter of petitioner No.1 who was married with the deceased-Jai Chand was not suffering from any ailment as wrongly alleged in the FIR. He also submitted that since the dispute was going on between both the families and deceased wanted to rehabilitate the daughter of petitioner No.1. However, his mother i.e. complainant was opposing because of her greed for dowry. The deceased was unable to bear the tension because of which he committed suicide. Having heard learned counsel for the petitioners and after going through the record of the case, this Court is of the considered opinion that the present one is not a fit case for exercising the jurisdiction under Section 438 Cr.P.C. I say so because the allegations are direct and serious. The relevant part of the FIR reads as under: I have one son aged 30 years and two daughters. My husband Baleshewar had expired 10 years back and I got my elder daughter Reban married with Jaswinder son of Chaman Lal, caste Kamboj resident of Kharwan. My son Jai Chand was got married on 4.11.11 with Meena daughter of Ram Rattan, caste Kamboj resident of Ghir, Karnal. After the marriage Meena came to our house and we saw that the limbs of Meena were defective due to some ailment and she was unable to work or move and on the next date we called the parents of Meena to village Bakarpur and after watching this, they took back Meena stating that they would get Meena treated.
(3.) THE above said allegations show that daughter of petitioner No.1 was suffering from some ailment at the time of her marriage which was allegedly concealed by the petitioners. Thereafter, the dispute between both the families started. Panchayat was convened. Further allegations against the petitioners are that they had been putting pressure on the deceased for giving Rs. 6 lacs. The allegations recorded in the FIR are as under: Yesterday on 15.05.12 at about 4 PM my son in law Jaswinder son of Chaman Lal resident of Kharwan, came to our village who told us that he had received a telephonic call from Jai Chand who further told him that he had received a call from Jony son of Ram Rattan. He was telling Jai Chand to give Rs.6 lacs otherwise he would be killed and Jai Chand told Jaswinder to convey to Jony that he is going to jump in the canal, do whatever you all want. My son Jai Chand had called my son in law on telephone No.98129-77904 from telephone No.98132-01884 at 2.26. ;