BIRMATI AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners, who are mother-in-law and brother-in-law of the deceased, seek grant of anticipatory bail in case FIR No.235, dated 18.10.2010, registered under Sections 498-A, 304-B of the IPC, at Police Station Badhra, District Bhiwani.

(2.) On 10.12.2010, interim anticipatory bail was granted to the petitioners by this Court after noticing that the FSL report had not been received. Now the FSL report has been received and it has confirmed the fact that the deceased died due to ingestion of aluminium phosphide.

(3.) Counsel for the petitioners has argued that even as per allegations in the FIR, there was a dispute after 10 days of the marriage but thereafter uptill three years, there was no complaint. He has further argued that in such circumstances, offence under Section 304-B of the IPC would not necessarily be made out and it could well be under Section 306 of the IPC.