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Showing contexts for: Derabassi in Rajni Bala vs State Of Punjab on 4 January, 2022Matching Fragments
This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR no.0357 dated 01.12.2021 registered under Section 498-A IPC at Police Station Derabassi, District SAS Nagar.
Learned counsel for the petitioner has submitted that in the present case, the petitioner was earlier married to one Harmesh Singh who had unfortunately died and thereafter the petitioner had got married to Amarjit Singh, the father-in-law of the complainant. It is also submitted that even Amarjit Singh had a first wife who had unfortunately died and the present marriage of Amarjit Singh was his second marriage also and out of first marriage of Amarjit Singh, three children were born namely,Anoop (husband of the complainant) and two daughters also are married and on the 1 of 5 other hand, the petitioner also had two children from the first marriage. It is further submitted that the petitioner primarily resides at House no.286, Ward No.5, near Old Sabzi Mandi, Kang Mohalla, Samrala and not in the matrimonial home which is at village Makkowal, Tehsil Chamkaur Sahib, District Rupnagar. It is further submitted that prior to the registration of the present FIR, the said Amarjit Singh had disinherited his son Anoop as well as his daughter-in-law (complainant Satwinder Kaur) and also the daughters Sonia Rani and Alka Rani from his moveable and immovable property. It is further submitted that a perusal of the FIR would show that marriage had taken place between Anoop son of Amarjit Singh and the complainant on 23.11.2020 and that as per the allegations, the petitioner had gone to the paternal home and had come back on 13.01.2021. It is further alleged that on 17.01.2021 the father of the complainant came to her in-laws house to take her back and it is submitted that as per the said allegations, the petitioner and the complainant stayed together for a period of only 4 days. It is further submitted that the petitioner is residing separately and has nothing to do with the matrimonial dispute between the complainant and her husband Anoop, who is not even the real son of the present petitioner.
Notice of motion.
On asking of the Court, Mr.K.S.Aulakh, DAG, Punjab, appears and accepts notice on behalf of the State of Punjab. Mr.Kanwaljeet Singh Derabassi, Advocate, appears for the complainant. They have submitted that they are fully prepared to argue the matter and assist this Court. Learned State counsel as well as counsel for the complainant have opposed the petition for anticipatory bail. It is submitted that as per the allegations in the FIR, there is specific entrustment of gold earrings to the petitioner and there 2 of 5 are further allegations that the petitioner had taken away Rs.30,000/- of Shagun from the bag of the complainant. It is further submitted that the petitioner along with other co-accused used to harass the complainant by demanding dowry and also wanted the complainant and family to give gold earrings for her daughter Manisha. It is further submitted by the learned counsel for the complainant that in the present case, Anoop was already married and this fact has not been disclosed to the complainant party.