- (1.) HEARD learned counsel for the applicant, the learned AGA appearing on behalf of State and perused the record. The present bail application has been moved by the applicant, Tasibunnisha in case crime no.2136 of 2011, under Sections 498A, 304B IPC read with Section 3/4 Dowry Prohibition Act, P.S. Kothibhar, District Maharjganj, with a prayer that she may be admitted to bail during the pendency of trial.
(2.) THE prosecution case in a nutshell is that, on 25.11.2011 at about 9:15 a.m., a first information report was lodged by the brother of the deceased, that the marriage of his sister, Smt. Khairun Nisa had solemnized with Mustakeem six months prior. At the time of marriage sufficient dowry was given, but her in-laws were not satisfied and they were constantly demanding additional dowry, and on account of non fulfillment thereof, she had been tortured mentally and physically both. In the intervening night of 24/25.11.2011, the complainant received a telephonic message that her sister had been done to death, when the complainant and his other family arrived at the matrimonial house of her sister, he found the burnt dead body of her sister. The first information report has been lodged on 25.11.2011 at about 9:15 a.m. After lodging of the first information report, the police came into action. The postmortem was conducted, wherein the superficial burn injuries were found, and according to the doctor's opinion, cause of death was shock due to ante-mortem burn injuries. It is contended by the learned counsel for the applicant, that the applicant is the mother in law of the deceased, and vague allegations have been made in the first information report by the complainant, that there was constant demand of additional dowry, and when the demand was not fulfilled she was tortured and harassed by the applicant and her husband, and lastly was set on fire. General allegation of demand of dowry has been attributed to all the accused persons. After investigation the investigating officer has submitted the charge sheet only against the husband and father in law of the deceased, as such the allegations in respect of demand made against the applicant stands falsified. The applicant is languishing in jail since 5.12.2011. In case she is released on bail, she will not misuse the liberty of bail. Per contra, the learned AGA has contended that, the applicant is the mother in law of the deceased. There is no explanation how the victim sustained burn injuries. The deceased died in an unnatural circumstances within short span of six months of marriage, she was set on fire by her in-laws, therefore, it cannot be said that the applicant was not involved in the commission of offence along with other accused persons. Specific averments have been made in the first information report, that there was constant demand of golden chain and twenty thousand rupees, and on account of non fulfillment thereof, she was facing brunt of her in-laws and was threatened for dire consequences, therefore, the applicant does not deserve to be enlarged on bail. In case, she is enlarged on bail, she will try to intimidate the witnesses.
(3.) HAVING considered the rival submissions advanced at the bar by the learned counsels for the parties. Since, the charge sheet has been submitted against the husband and father in law of the deceased, therefore, distinguishing the case of the applicant with those co-accused persons who have been charge sheeted, this Court is of the view that it is a fit case for bail. Without expressing any opinion about the merits of the case, let the applicant, namely Tasibunnisha involved in case crime no.2136 of 2011, under Sections 498A, 304B IPC read with Section 3/4 Dowry Prohibition Act, P.S. Kothibhar, District Maharjganj, be released on bail, on her executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:- (i)The applicant will not tamper with the evidence during the trial. (ii)The applicant will not pressurise/ intimidate the prosecution witness. (iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.;