Decided on February 27,2003

Tijram Yadav Appellant


K.H.N. Kuranga, C.J. - (1.)HEARD both the counsel.
This petition under Section 439 of Cr. P.C. has been filed by applicant Tijram Yadav for grant of bail He is one of the accused in Crime No. 118 of 2002 registered in Takhatpur Police Station for the offences punishable under Section 306, 498A and 304B of I.P.C.

(2.)The applicant is the husband of deceased Girija Bai. The case of the prosecution is that the marriage of applicant with the deceased took place three year prior to the date of the offence. The date of offence is 12/05/ 2002. The case of the prosecution is that Girija Bai (since deceased) committed suicide by pouring kerosene on her body and setting herself on fire. It is stated that on 11/07/2001 a report was filed by the deceased before the Manila Paramarsha Kendra stating that the applicant and other accused persons were harassing her and ill -treating her demanding dowry and the parties were called. The applicant has given an undertaking that he would not harass the deceased and thereafter the incident took place.
Learned Counsel appearing for the applicant submitted that the father and mother of the applicant herein have been released on bail on the ground that they are of old age. One more brother -in -law of the deceased has been released on bail on the ground that he is a minor aged about 14 years. The other accused namely sister -in -law of the deceased has been released on bail and two other brothers -in -law have been released on bail on the ground that the other accused persons have already been released on bail. The case of the other accused persons particularly the other two brothers -in -law of the deceased and the case of the applicant are similar. The allegations against all the accused persons are that all of them were harassing the deceased and ill -treating her demanding dowry which is not disputed by the learned Counsel appearing for the State/non -applicant.

(3.)Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to admit the applicant to bail. Accordingly, the petition is allowed. Applicant Tijram Yadav is directed to be released on bail on his executing a bond in sum of Rs. 5,000/ - (Rupees Five Thousand Only) with two sureties for the like sum to the satisfaction of the concerned Magistrate for his appearance before the said court/trial Court, or as and where so directed.
Parties are entitled for certified copy of this order.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.