JUDGMENT

Jaishree Thakur, J. - The petitioner herein seeks setting aside of the order dated 7.12.2019 (Annexure P/2), whereby the application filed by him under Section 167 (2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for grant of bail in case FIR No. 151 dated 13.8.2019 registered at Police Station Sadar Patiala, District Patiala for an offence under Section 306 IPC has been dismissed, as well as for setting aside the order dated 20.1.2020, whereby the revision so filed by the petitioner has been dismissed by the Additional Sessions Judge, Patiala.

2. In brief, the facts are that an FIR No. 151 dated 13.8.2019 came to be lodged at the instance of one Bhupinder Singh son of Sukhdev Singh, under Section 306 IPC, wherein it was alleged that the sister of the complainant, namely Kamaljit Kaur was married to one Ravinder Singh in February 2010 and has a son aged about 8 years out of this wedlock. It was alleged that complainant's husband, namely Ravinder Singh, his mother Gurmeet Kaur, uncle (chacha) Balkar Singh, aunt (chachi) Jaswinder Kaur and uncle's son Gurtej Singh had been harassing his sister for dowry. On 27.8.2019 it would have been the birthday of complainant's nephew (Bhanja) and all the aforesaid persons were forcing his sister to bring money from the complainant to celebrate the birthday. On 12.8.2019, the complainant's sister phoned up on the mobile of her uncle (taya) Gurmail Singh and informed that her mother-in-law Gurmeet Kaur, uncle's son Gurtej Singh and uncle Balkar Singh are fighting with her on the issue of bringing money to celebrate the birthday. It was alleged that husband of the deceased and aunty Jaswinder Kaur were also helping them over the said issue. She stated that she is very upset and in case the issue is not resolved they would kill her or compel her to die. The complainant's uncle (taya) asked her to not worry and told her that everything will be OK. On 13.8.2019, the complainant's uncle called up his sister on phone, which was attended by Ravinder Singh, who said that he will make him speak with her after some time, but he did not make him speak to his sister and at around 9.45 a.m. Ravinder Singh informed the complainant that Kamaljit Kaur has committed suicide. It was alleged that complainant's sister died because she was being harassed by her husband and his other aforesaid family members.

3. After investigation, challan under Section 173 of the Code was presented against Ravinder Singh and his mother Gurmeet Kaur. Since Jaswinder Kaur (chachi) had given an application dated 1.10.2019 to the Senior Superintendent of Police, Patiala stating that she, her husband Balkar Singh and son Gurtej Singh are innocent and an inquiry was being conducted by the Deputy Superintendent of Police, Rural, Patiala, it was stipulated that a supplementary challan under Section 173 (8) of the Code will be presented on receipt of viscera report and upon obtaining opinion from the doctor.

4. An inquiry was conducted into the application dated 1.10.2019 by Sh. Ajay Pal Singh DSP, who held Jaswinder Kaur, Balkar Singh and Gurtej Singh as innocent. This report was accepted by the S.S.P. Patiala, on 5.11.2019. It would be relevant to mention here that Jaswinder Kaur was on bail while Gurtej Singh had not been arrested.

5. Based upon the inquiry, the SHO, Police Station Sadar Patiala, moved an application dated 19.11.2019 before the Additional Session Judge Patiala, the court seized of the case, whereby he had sought discharge of Balkar Singh, who was in custody. Notice of the application was given to the complainant which was dismissed vide an order dated 7.12.2019. The Sessions Court held that a prima facie case under Section 306 IPC is made out against husband Ravinder Singh and his mother Gurmeet Kaur. However, with regard to discharge from custody of Balkar Singh, it was observed that the Sessions Judge has the jurisdiction to summon the persons named in column No.2 of the police r