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2025 DAILYLAW 99287 (PNJ)

VIDHYA DEVI v. STATE OF HARYANA

CRM-M/53278/2024 · 2025-02-10

Nidhi Gupta

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Judgment text

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CRM-M-532 IN THE HIG 205 Vidhya Devi State of Hary CORAM: H Present: - NIDHI GUP the Bharatiy in case FIR Sections 120 District Mah petitioner is married to t suicide by (Annexure P complainant reads as und 53278-2024 -1- E HIGH COURT OF PUNJAB AND HA CRM Date o a Devi Versus Haryana M: HON'BLE MS. JUSTICE NIDH Mr. Aditya Sanghi, Advocate fo Mr. Dushyant Saharan, AAG, H I GUPTA, J. (ORAL) The petitioner has filed the pre aratiya Nagarik Suraksha Sanhita, 20 e FIR No. 305 dated 11.10.2023 (An 120-B, 304-B, 34, 498-A and 302 Mahendergarh, Haryana. Learned counsel for the petition ner is the mother-in-law of the deceas d to the deceased on 27.11.2022. T by hanging herself on 10.10 xure P-2) was registered on the basis ainant/brother of the deceased, and as under:- “….That the I am Sonu son o village Jhal, Tehsil Kosli, D sister Laxmi (Born on 17.0 ND HARYANA AT CHANDIGARH CRM-M-53278-2024 Date of Decision: 10.02.2025 .… Petitioner .... Respondent NIDHI GUPTA cate for the petitioner. AG, Haryana. he present 2nd petition under 483 of ita, 2023, for grant of regular bail (Annexure P-2) registered under nd 302 IPC at Police Station Ateli, etitioner, inter alia, submits that the deceased. Son of the petitioner was 022. The deceased had committed 10.10.2023. The present FIR basis of a complaint moved by the and the relevant portion thereof, on of Rajender Singh resident of i, District Rewari Haryana. My 17.09.1997) had married with 3 of nder , the was FIR the reof, of y ith RISHU KATARIA 2025.02.10 18:27 I attest to the accuracy and authenticity of this order/judgment. CRM-M-532 of the FIR (A against the p deceased. It been made a it is submitt present FIR cogent expla 53278-2024 -2- Randheer Singh son of Mohan on 27.11.2022. We had given R Chain of Gold and Silver, Silv articles in dowry and also gave silver to grandmother in law, m in dowry as per their demand. That within about 10 months, R of vehicle worth Rs. 20 lacs, w he used to harass and beat La village Jhal, she told the e demanded Rs 20 lakh for the c On 10.10.2023 my father was through telephone that Laxmi father is serving as Havaldar in and my father had informed me Laxmi by hanging, father will ta dated 11.10.2023 in evening. grandmother, aunt, uncles and at 06 PM on 10.10.2023. Only sister in law Rajesh were a absconded from the house afte Bhupendra, Mohan lal, Nirma the house. Laxmi had been put murder. Police was also presen found Laxshmi in a bad conditi of violence on her waist, mark ornaments on her body, hairs w mobile of Laksmi, it was not persons had killed her in a pre was sought against them……” Learned counsel for the petition FIR (Annexure P-2) shows that there t the petitioner. The main allegations a ed. It is submitted that only general a ade against the other co-accused inc ubmitted that the date of occurrence IR (Annexure P-2) was registered t explanation for the delay of 01 day in han Lal, resident of village Bihali en Rs 5 Lakh in cash, Gold Ring, Silver Ring and other household gave chain, ear rings of gold and w, mother in law, brother, father nd. hs, Randhir Singh raising demand s, when his demand was not met, t Lakshmi. When Lakshmi visited e entire incident that Randhir e car and threatened to kill her. was informed by the Kanti police axmi had committed suicide. My ar in Arunanchal Assam Regiment d me on phone about the death of ill take leave and will come today ing. So I along with my mother, and some friends reached Bihali nly Lakshmi's mother in law and e at home, Randhir Singh had after committing the murder and irmala had also absconded from put on bed after committing her resent there in whose presence we ndition. There were several marks marks on her neck. There was no irs was open. When we asked for not given to us. Above said 6 pre-planned manner. Legal action …” etitioner submits that a bare reading there is no specific allegation made tions are against the husband of the neral and omnibus allegations have ed including the petitioner. Further, rrence is 10.10.2023; whereas the istered on 11.10.2023. There is no day in registration of the FIR. ali g, ld nd er nd et, ed ir er. ice y nt of ay er, ali nd ad nd m er we ks no for 6 on ding ade f the ave ther, the s no RISHU KATARIA 2025.02.10 18:27 I attest to the accuracy and authenticity of this order/judgment. CRM-M-532 that injuries learned cou complainant had stated th marks on he of the testim counsel for learned coun 12.10.2023 ( on the perso be asphyxia submitted th case. (Annexure P absconded. H she was ve members an husband and has been in c any other cas petitioner ha Karan Sing 53278-2024 -3- Learned counsel submits that i juries were found on the person of d counsel for the petitioner refer ainant as PW-7 before the learned tria ated that ‘there were injury marks on n her back which was given with th testimony of the complainant hand el for the petitioner is taken on reco d counsel for the petitioner refers to t 023 (Annexure P-4), as per which th person of the deceased; and the caus phyxia as a result of ante mortem tted that the petitioner has been fals Learned counsel for the petition xure P-2) it has also been recorded tha . However, the petitioner did not as very much present, when the ers and the police arrived at the spot nd and father-in-law of the deceased a en in custody for the last more than 0 her case. Thus, it is prayed that she ma In support of his contention ner has relied upon a recent judgment Singh vs. State of Haryana, Law that it has been alleged in the FIR on of the deceased. In this regard, refers to the testimony of the ed trial Court who in his deposition s on her body. There were injury th the help of belt’. A photocopy handed over in Court by learned n record. To controvert the same, rs to the Post Mortem Report dated hich there is no mark of any injury cause of death has been opined to ortem hanging. Accordingly, it is n falsely implicated in the present etitioner also points that in the FIR ed that husband of the deceased had id not run away from the spot and the complainant and his family e spot. It is admitted that now the eased are in custody. The petitioner than 01 year. She is not involved in she may be released on regular bail. tentions, learned counsel for the gment of the Hon’ble Apex Court in Law Finder Doc Id # 2689365, FIR ard, the ition ry opy rned , ated d to it is sent FIR had and mily the oner d in the in RISHU KATARIA 2025.02.10 18:27 I attest to the accuracy and authenticity of this order/judgment. CRM-M-532 wherein it ha or harassme cases. Per C prayer for g deceased had are specific demand of informed tha examined so 06.02.2025 in custody as Perusal of th in any other in view the (a) custody p petitioner as the petitione i.e. the com prosecution learned tria 53278-2024 -4- in it has been held that failure to prov assment for dowry demands can lead er Contra, learned counsel for the for grant of regular bail to the pet ed had committed suicide within 11 m ecific and serious allegations made a of dowry. On instructions, learne ed that out of total 20 prosecution wi so far; and 13 witnesses remain to Learned counsel for the State f 2025 which is taken on record, as per tody as an undertrial for a period of 01 l of the custody certificate shows that other case. I have heard learned counsel for Without commenting on merits w the totality of the facts and circums stody period of 01 year, 03 months ner as an undertrial; (b) perusal of cu titioner is not involved in any other c complainant already stand examin ution witnesses, only 07 witnesses d trial Court, so far, therefore, o prove specific instances of cruelty n lead to acquittal in dowry death the State vehemently opposes the he petitioner and submits that the in 11 months of the marriage. There ade against the petitioner qua the learned counsel for the State has ion witnesses, 07 have already been to be examined. State files custody certificate dated as per which the petitioner has been 01 year, 03 months and 21 days. s that the petitioner is not involved sel for the parties. merits of the case, however, keeping ircumstances of the case, including: and 21 days undergone by the l of custody certificate reveals that other case; (c) that material witness xamined; and (d) out of total 20 esses have been examined by the re, conclusion of trial will take elty eath the the here the has een ated een . lved ping the that ness the take RISHU KATARIA 2025.02.10 18:27 I attest to the accuracy and authenticity of this order/judgment. CRM-M-532 considerable detention of released on satisfaction concerned. construed as 10.02.2025 rishu 53278-2024 -5- erable time, and no useful purpose ion of the petitioner. Thus, the present The petitioner-Vidhya Devi W/ ed on regular bail on her furnishin ction of the trial Court/Chief Judicial rned. However, it is made clear tha ued as an expression of opinion on the 2025 Whether speaking/reasoned Whether Reportable rpose would be served by further resent petition is allowed. vi W/o Mohan Lal, is ordered to be rnishing bail/surety bonds to the udicial Magistrate/Duty Magistrate, r that nothing stated above shall be on the merits of the case. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No ther o be the rate, ll be RISHU KATARIA 2025.02.10 18:27 I attest to the accuracy and authenticity of this order/judgment.