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MANISHA BATRA
Mahinder Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
Prayer in the present petition, filed under Section 438 Cr.P.C., is for granting concession of anticipatory bail to the petitioners in FIR No. 43 dated 05.02.2023, registered under Sections 323, 341, 498-A and 506 read with Section 34 of the IPC (Section 307 IPC added later on at Police Station Sohana, District S.A.S. Nagar.
2. Brief facts relevant for the disposal of the present petition are that the aforementioned FIR was registered on the basis of the statement recorded by complainant Sukhwinder Kaur on 05.02.2023 alleging therein that she was married with accused Harjinder Singh on 19.11.2002. Three daughters were born out of their wedlock and due to the reason that no male child was born in the family, the petitioners, who are her parents-in-law respectively, and her husband used to misbehave with her and curse her for that purpose. She was being tortured by them. She alleged that on 04.02.2023 at about 01:30 PM, she was at her home, when the petitioners started hurling abuses towards her and her husband Harjinder Singh extended beatings to her with sugarcane, due to which, she sustained injuries. On the same night, while she was sleeping i
Anticipatory bail granted under Section 438 Cr.P.C. despite allegations of domestic violence, as custodial interrogation deemed unnecessary.
Anticipatory bail should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of custodial interrogation for thorough investigation.
The seriousness of the allegations and the potential obstruction of the investigation process can be grounds for denying anticipatory bail.
Custodial interrogation should be warranted based on the specific circumstances of the case, including the medical conditions of the accused and the nature of the allegations.
The absence of evidence showing inducement by the accused negates charges of kidnapping under IPC, even if the victim is a minor.
Anticipatory bail can be granted when there are insufficient specific allegations connecting the petitioner to the abetment of suicide, and if custodial interrogation is not required.
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