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2022 Supreme(P&H) 1214

VIKAS BAHL
Primaljeet Kaur – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Manjinder Singh Saini, Advocate, for the Appellant; Mr. Sukhbeer Singh, AAG, Punjab. Mr. Parminder Singh, Advocate, for the Respondent.

JUDGMENT

ORDER

Vikas Bahl, J. (Oral). - This is a first petition under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR no.237 dated 05.10.2021 registered under Sections 306/34 IPC at Police Station City Phagwara, District Kapurthala.

2. On 17.11.2021, this Court was pleased to pass the following order:-

    "Learned counsel for the petitioners inter alia contends that in the present case, even if the allegations are taken on face value, then also, no offence under Section 306 of IPC is made out. It is argued that as per the FIR, the alleged incident had taken place 4 days prior to the date on which the son of the complainant had committed suicide. It is further argued that in fact, the said deceased was a drug addict and has thus, committed suicide on account of his own mental health issues. He has also submitted that the third person in the video is Kulraj Singh son of Kirpal Singh. He has relied upon a judgment passed by the Coordinate Bench of this Court in case titled State of Punjab Vs. Kamaljit Kaur alias Bholi and another reported as 2008 (2) RCR (Criminal) 562 to contend that in such a situation, offence under Section 306 of the IPC cannot be said to be

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