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CRM-M-857-2025 1 201 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-857-2025 Date of decision: 20.03.2025 KULWINDER KAUR
....Petitioner Versus STATE OF PUNJAB ....Respondent
CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. P.B.S. Goraya, Advocate for the petitioner. Mr. Japjot Singh, AAG, Punjab. **** AMARJOT BHATTI
, J.
Petitioner has filed present petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No.210, dated 09.11.2024, under Section 137(2), 96 and 3(5) BNS, registered at Police Station Sadar Tarn Taran, District Tarn Taran.
2. As per facts of case, complainant Tarsem Singh gave his statement that on 04.11.2024, entire family was sleeping in the house after taking dinner. At about 4.00 a.m., when he got up he noticed that his daughter i.e. victim, age about 17 years and 3 months, student of +2 Class was missing from the house. He tried to search the victim but failed . It came to their knowledge that his daughter was taken away by Sajan s/o Jagga Singh in connivance with his mother Kulwinder Kaur by giving allurement of marriage. With these allegations, present FIR has been registered.
3.
Learned counsel for petitioner argued that Kulwinder Kaur is the mother of Sajan. Even her son is missing from the house. She has MONIKA RANI 2025.03.24 10:05 I attest to the accuracy and integrity of this document
CRM-M-857-2025 2 already joined the investigation. No purpose would be served by sending her behind the bars. In fact, she has no role to play in the alleged occurrence. Therefore, her anticipatory bail petition may be allowed.
4. Bail petition is opposed by learned counsel representing State. Status report is filed, it is pointed out that till date neither the victim who is a minor girl nor Sajan son of present petitioner are recovered. In pursuance of order dated 14.01.2025, petitioner joined the investigation but did not cooperate with the investigating agency. As per previous order dated 17.02.2025, the petitioner was again given an opportunity to join the investigation but thereafter she did not turn up to join the investigation. In the light of this, custodial interrogation of present petitioner is required to trace out the victim as well as accused Sajan who took away the victim by giving allurement of marriage.
5. I have considered the arguments and have gone through the record. Petitioner was granted interim relief with the direction to join investigation but as referred above she did not cooperate. Till date, neither the victim has been recovered nor the other accused has been arrested who is son of the present petitioner. The matter in controversy is serious. Custodial interrogation of present petitioner is required.
6. In the light of this, I do not find merits in the anticipatory bail petition filed by the petitioner and the same is accordingly declined.
7. Pending miscellaneous application(s), if any, stand disposed of accordingly.
(AMARJOT BHATTI) JUDGE 20.03.2025 monika
1. Whether speaking/ reasoned : Yes /No
2. Whether reportable : Yes /No MONIKA RANI 2025.03.24 10:05 I attest to the accuracy and integrity of this document