IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 10.02.2025 Vidhya Devi .… Petitioner Versus State of Haryana .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Aditya Sanghi, Advocate for the petitioner.

Mr. Dushyant Saharan, AAG, Haryana.

NIDHI GUPTA, J. (ORAL)

The petitioner has filed the present 2^nd petition under 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in case FIR No. 305 dated 11.10.2023 (Annexure P-2) registered under Sections 120-B, 304-B, 34, 498-A and 302 IPC at Police Station Ateli, District Mahendergarh, Haryana.

Learned counsel for the petitioner, inter alia, submits that the petitioner is the mother-in-law of the deceased. Son of the petitioner was married to the deceased on 27.11.2022. The deceased had committed suicide by hanging herself on 10.10.2023. The present FIR (Annexure P-2) was registered on the basis of a complaint moved by the complainant/brother of the deceased, and the relevant portion thereof, reads as under:-

“….That the I am Sonu son of Rajender Singh resident of village Jhal, Tehsil Kosli, District Rewari Haryana. My sister Laxmi (Born on 17.09.1997) had married with Randheer Singh son of Mohan Lal, resident of village Bihali on 27.11.2022. We had given Rs 5 Lakh in cash, Gold Ring, Chain of Gold and Silver, Silver Ring and other household articles in dowry and also gave chain, ear rings of gold and silver to grandmother in law, mother in law, brother, father in dowry as per their demand.

That within about 10 months, Randhir Singh raising demand of vehicle worth Rs. 20 lacs, when his demand was not met, he used to harass and beat Lakshmi. When Lakshmi visited village Jhal, she told the entire incident that Randhir demanded Rs 20 lakh for the car and threatened to kill her. On 10.10.2023 my father was informed by the Kanti police through telephone that Laxmi had committed suicide. My father is serving as Havaldar in Arunanchal Assam Regiment and my father had informed me on phone about the death of Laxmi by hanging, father will take leave and will come today dated 11.10.2023 in evening. So I along with my mother, grandmother, aunt, uncles and some friends reached Bihali at 06 PM on 10.10.2023. Only Lakshmi's mother in law and sister in law Rajesh were at home, Randhir Singh had absconded from the house after committing the murder and Bhupendra, Mohan lal, Nirmala had also absconded from the house. Laxmi had been put on bed after committing her murder. Police was also present there in whose presence we found Laxshmi in a bad condition. There were several marks of violence on her waist, marks on her neck. There was no ornaments on her body, hairs was open. When we asked for mobile of Laksmi, it was not given to us. Above said 6 persons had killed her in a pre-planned manner. Legal action was sought against them……”

Learned counsel for the petitioner submits that a bare reading of the FIR (Annexure P-2) shows that there is no specific allegation made against the petitioner. The main allegations are against the husband of the deceased. It is submitted that only general and omnibus allegations have been made against the other co-accused including the petitioner. Further, it is submitted that the date of occurrence is 10.10.2023; whereas the present FIR (Annexure P-2) was registered on 11.10.2023. There is no cogent explanation for the delay of 01 day in registration of the FIR.

Learned counsel submits that it has been alleged in the FIR that injuries were found on the person of the deceased. In this regard, learned counsel for the petitioner refers to the testimony of the complainant as PW-7 before the learned trial Court who in his deposition had stated that ‘there were injury marks on her body. There were injury marks on her back which was given with the help of belt’. A photocopy of the testimony of the complainant handed over in Court by learned counsel for the petitioner is taken on record. To controvert the same, learned c