IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

267 Date of decision : 08.10.2025 Kistu ….Petitioner V/S State of Haryana and another ….Respondents CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR Present: Ms. Vaishali Kamboj, Advocate for the petitioner.

Mr. Ramender Singh Chauhan, A.A.G., Haryana.

Mr. Suraj Mandhan, Advocate for the complainant.

****

NAMIT KUMAR , J. (ORAL)

1. The petitioner has filed the instant petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS) for grant of anticipatory bail in case FIR No.88 dated 01.07.2025 registered under Sections 108 & 3(5) of Bharatiya Nyaya Sanhita, 2023 at Police Station Jhojhu Kalan, District Charkhi Dadri.

2. Status report by way of an affidavit of Sh. Subhash Chander, HPS DSP, Badhra District Charkhi Dadri, on behalf of the respondent-State, filed in the Registry is taken on record.

3. Brief facts of the case are that the father of the deceased made a complaint to the police stating therein that he has three daughters namely Luxmi, Pooja and Kistu (the present petitioner). Luxmi and Pooja were married in the year 2017 to Kuldeep and Vedpal, respectively both residents of Village Salempur, District Bhiwani. After the marriage, husband of Luxmi namely Kuldeep and her parents-in-law namely Babita and Ajit started harassing her on one pretext or the other. About 10-15 days earlier, Kuldeep had taken away his youngest daughter Kistu i.e. the petitioner along with him and they started living in live-in-relationship. The petitioner also started to harass Luxmi and petitioner together with Kuldeep have ousted her from her matrimonial home and the petitioner started to live along with Kuldeep at his house. Thereafter, Luxmi has become upset and on 01.07.2025 around 4:00 A.M. she has jumped in the well of the school located in front of their house. When the family came to know about the same, they have taken her out from the well and taken her to Civil Hospital, Charkhi Dadri, where the doctor has declared her dead. On the basis of the said complaint, the instant FIR was registered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. She submits that the petitioner is not living in live-in-relationship with the husband of deceased Luxmi, however, due to some misunderstanding, the father of the petitioner wrongly implicated her in the present case. There is nothing on record to indicate abetment on the part of the petitioner to compel deceased-Laxmi to commit suicide. She submits that the petitioner is not involved in any other case. She further submits that no recovery is to be effected from the petitioner and she is ready to join the investigation. Therefore, the petitioner may be granted anticipatory bail.

5. Per contra, learned State counsel, while referring to the averments made in the status report, has vehemently opposed the prayer for grant of anticipatory bail to the petitioner on the ground that the allegations against the petitioner are serious in nature. He further submits that custodial interrogation of the petitioner is necessary for thorough investigation of the case, therefore, she does not deserve the concession of anticipatory bail.

6. I have heard learned counsel for the parties and perused the record.

7. As per the prosecution, the complainant has three daughters namely Luxmi, Pooja and Kistu (the present petitioner). In the year 2017, the complainant had solemnized the marriage of his daughters namely Laxmi and Pooja in the same family with Kuldeep and Vedpal, respectively. The husband of Luxmi i.e. Kuldeep and her parents-in-law namely Babita and Ajit were harassing Luxmi since inception of the marriage and continued to do so without any reason. About 10-15 days before the incident, Kuldeep, husband of Luxmi, took away youngest daughter of the complainant namely Kistu (the present petitioner) with him and they started living in live-in-relationship. They sta