Ajai Lamba, J.@mdashThis petition has been filed u/s 439 Cr. P.C. for bail to the petitioner in case FIR No. 231 dated 1.8.2008 lodged for commission of offences under Section(s) 306 IPC, with Police Station, Kharar, District SAS Nagar, Mohali.
2. It has been contended that the complainant is brother of Sukhwinder Kaur. Allegation in brief is that Sukhwinder Kaur got married to the petitioner in 1992. The two have two children aged 13 years and 11= years. There is allegation that the petitioner is a drunkard and used to harass and torture Sukhwinder Kaur, therefore, she consumed some poisonous substance.
3. Learned counsel contends that per-se allegations of being a drunkard and causing harassment would not constitute abetment to commit suicide as defined u/s 107 IPC.
4. It would be a moot question to be determined by the trial court whether, per se, habit of drinking and causing harassment would constitute abetment to commit suicide.
5. Without commenting on the merits of the case, the petition is allowed.
Bail to the satisfaction of CJM/Duty Magistrate, Mohali.
