IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

ON THE 16^th DAY OF NOVEMBER, 2021 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) No. 978 of 2021 Between:-

PANKAJ KUMAR, AGED ABOUT 20 YEARS, S/O SHRI HAKEM SINGH, R/O VILLAGE BALH BAGRU AND PO MAJHEEN, TEH. KHUNDIAN, DISTRICT KANGRA HP ….PETITIONER (BY SH.VIJENDER KATOCH, ADVOCATE)

AND STATE OF HIMACHAL PRADESH ...RESPONDENT (BY SHRI DINESH THAKUR, ADDITIONAL ADVOCATE GENERAL)

Whether approved for reporting?

H This petition coming on for orders this day, the Court passed the following:

O R D E R Petitioner has approached this Court, invoking provisions of Section 439 of Code of Criminal Procedure (in short ‘Cr.PC’), seeking regular bail in case FIR No. 22 of 2021 dated 26.03.2021, registered under Sections 498-A and 306 of Indian Penal Code in Police Station Khundian, District Kangra H.P.

2 Status report stands filed. Record was also .

produced which was returned after perusal with direction to learned Additional Advocate General to retain the photocopies of relevant documents.

3. Prosecution case is that on 26.3.2021 at 4 PM, Ankush Chaudhary, brother-in-law (Devar) of deceased, had informed Police Chowki Majhee n that his Bhabhi has consumed some poisonous rsubstance and has expired on spot. On receiving the information, police party rushed to spot where complaoinant Amar Chand, father of deceased made a statement under Section 154 Cr.P.C. stating therein that his deceased daughter was married with petitioner Pankahj Kumar in December, 2019 and Pankaj Kumar was doing private job and couple was blessed with a son Ishan, who was 6 months old. It has further been stated that couple lived happily for few months and about three months ago, his daughter had informed him that petitioner had beaten her and used to harass her after consuming liquor, whereupon complainant, his wife, his brother-in-law (Saala) Sham Lal and Ashok Kumar had visited the house of their son-in-law and had advised him not to harass their daughter. On that day also, there was an injury on the hand of deceased and after advising their son-in-law they had returned, but, some days thereafter, his daughter had again informed him about beatings and mental harassment by petitioner under the influence of liquor, whereupon, complainant, his wife and his brother-in-law had again .

visited the house of petitioner and at that time, daughter had told that petitioner used to doubt her without any reason and used to harass her mentally. It has also been stated that petitioner did not mend his ways and continued to harass his daughter mentally, but, no report in this regard was lodged and on 26.3.20 21 (the date of recording the statement), Anjana Devir had informed him about death of his daughter, whereupon he along with his relatives had rushed to matrimonoial house of his daughter and had found the dead body of his daughter in Varandah of house, where father-in-law of his daughter had informed that his daughhter had consumed some poisonous substance. Lastly, it was stated that deceased had finished her life due to mental harassment and beatings by petitioner.

4. It is also stated in status report that petitioner had given a touch screen phone to his wife, but, because of suspicion, petitioner had broken the phone and broken phone was also recovered from drawer of bed box. Petitioner was arrested on 26.3.2021 and thereafter, after remaining in police custody, he is in judicial custody.

5 It is submitted on behalf of petitioner that at the time of consumption of poisonous substance by deceased, petitioner was not present at home and as per routine, he, after taking his meal in the morning, as usual, had left the house and reason for consumption of poison by deceased is not known either to the family of petitioner or .

to the petitioner. Petitioner on receiving the information of consumption of poison by his wife had rushed back to home and further that it is a case where real brother of petitioner had info