218-2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17664-2025 Date of decision: 07.04.2025 Sukhwinder Kaur and another ....Petitioners Versus State of Punjab ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. J.S. Johal, Advocate for the petitioners. Mr. Sandeep Kumar, DAG, Punjab. HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in case bearing FIR No.14 dated 07.02.2025 (Annexure P-1) under Section 108 of BNS registered at Police Station Mukerian, District Hoshiarpur. On 01.04.2025, the following order was passed:- ‘Instant petition is preferred under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in FIR No.14 dated 07.02.2025 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’), registered at Police Station Mukerian, District Hoshiarpur. Learned counsel for the petitioners, inter alia, contends that the petitioners are parents-in-law of daughter of the deceased. Admittedly, daughter of the deceased was turned out of her matrimonial home in the month of February, 2024 and the alleged incident took place on 06.02.2025. As such, necessary ingredients to constitute the offence under Section 108 of BNS are not available on record. There is no evidence that the petitioners have actively participated, which has any nexus with the suicide committed by the deceased to make them liable for any abetment or instigation as defined in Section 45 of BNS. Further, similarly situated co-accused, namely Dalbir Singh, has already been granted the concession of ad interim anticipatory bail by this Court vide order dated 10.03.2025 passed in CRM-M-13335-2025 (Annexure P-6). Notice of motion for 07.04.2025. To be listed along with CRM-M-13335-2025. Keeping in view the ratio of law enunciated by the Hon’ble Supreme Court in Satender Kumar Antil Vs. CBI (2022) 10 SCC 51; Siddharam Satlingappa Mhetre Vs. State of Maharashtra and others 2010 SCC OnLine SC 137; Gurbaksh Singh Sibbia etc. Vs. State of Punjab (1980) 2 SCC 565, Arnesh Kumar Vs. State of Bihar (2014) Neha 2025.04.07 18:47 I attest to the accuracy and integrity of this document CRM-M-17664-2025 -2- 8 SCC 273 and Sushila Aggarwal Vs. State of NCT Delhi 2020 (1) RCR (Criminal) 833, the petitioners are directed to appear before Investigating Officer on or before 05.04.2025 and thereafter, as directed by the Investigating Officer. In the event of arrest, the petitioners will be admitted to interim anticipatory bail on furnishing bail/surety bonds to the satisfaction of Investigating/Arresting Officer. The petitioners will cooperate with the investigation/Arresting Officer and abide by the conditions as provided under Section 482(2) of BNSS (erstwhile Section 438(2) of the Code of Criminal Procedure, 1973). If the Arresting Officer does not permit the petitioners to join the investigation, they would appear before learned Illaqa Magistrate, who would then summon the Arresting Officer and direct him to join the petitioners in the investigation, in terms of the order of this Court. Nothing observed hereinabove shall be construed as an expression of opinion by this Court and learned trial Court shall decide the case on its own merits, strictly in accordance with law.’ Learned State counsel on instructions from ASI Kuldeep Raj, at the very outset informs the Court that the petitioners have joined the investigation and their custodial interrogation is not required. In view of the statement of learned State counsel, order dated 01.04.2025 is hereby made absolute. The petitioners shall abide by the terms and conditions envisaged under Section 482(2) of BNSS (earlier Section 438(2) Cr.P.C.). The petition stands disposed of. (HARPREET SINGH BRAR) JUDGE 07.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.07 18:47 I attest to the accuracy and integrity of this document