RAVINDRA SINGH, J. - (1.) HEARD Sri Dinkar Mani Tripathi, learned Counsel for the applicant, learned A.G.A. and Sri Kameshwar Singh, learned Counsel for the complainant.
(2.) THE facts in brief of this case are that the FIR of this case has been lodged by Shivji Mishra on 15.3.2008 at 10.40 A.M. in respect of the incident which had occurred on 15.3.2008 at about 8.00 P.M. The allega­tion against the applicant and other co-accused persons is that they were subject­ing the injured Smt. Sunita @ Nisha, the daughter-in-law of the applicant to the cruelty to fulfil the demand of Rs. Three lacs as dowry. It is alleged that marriage of the injured Smt. Sunita @ Nisha was per­formed on 23.11.2007 with Satyendra Ku­mar Pathak, the son of the applicant. But the husband of the alleged injured went to Delhi immediately after marriage in search of some work. The injured was student of B.A. III. The applicant and three other co-accused persons were pressurising to fulfil the demand of Rs. Three lacs as dowry and first informant expressed his inability but they were demanding the dowry, the ap­plicant and other co-accused persons ex­tended the threat that she will not be permitted to appear in the examination. In the morning of 15.3.2008 she was badly beaten and thrown from the roof. Its infor­mation was given to the first informant by the neighbourer of the applicant. On that information the first informant came at the alleged place of incident and found lying on the road in a injured condition, thereaf­ter she was taken to the district hospital, Ballia where the injured disclosed that at about 8.00 P.M. on 14.3.2008 she was badly beaten by the applicant, her mother-in-law, Devar and Nanad by using the Danda, Belan and rod blows. Thereafter, she was thrown from the roof out side the house, she was lying on the road whole of the night in injured condition but in the morn­ing one passer-by came in the rescue of the injured. He was told by the injured to con­vey the message to her father but after admitting the injured in the hospital the first informant went to the police station and lodged the FIR. According to the medi­cal examination report the injured was medically examined on 15.3.2008 at 7.30 A.M. She had sustained four injuries, in which injuries No. 1 and 2 were lacerated wounds and injuries No. 3 and 4 were contusions. According to X-ray report there was fracture of the bone also. It is con­tended by learned Counsel for the appli­cant that applicant is father-in-law of the injured, the allegation of demand of dowry and subjecting the injured to the cruelty is absolutely false and baseless, the alleged occurrence has not taken place as alleged by the prosecution. The husband of the in­jured has not been made accused in the present case. The applicant and her wife are running the nursing home at Ballia. The applicant was having no concerned with the family affairs of the injured. The in­jured has accidentally fell down from the roof and sustained some injuries but due to ulterior motive the FIR of this case has been lodged and the applicant has no criminal antecedent. In reply of the above contention it is submitted by learned A.G.A. and learned Counsel for the complainant that the mar­riage of the injured was solemnized on 23.11.2007 and she was badly beaten and has been thrown from the roof on 14.3.2008 at 8.00 p.m., there was a specific demand of Rs. 3 lacs as dowry to fulfil the same the injured was subjected to cruelty. Ultimately she was thrown from the roof out side the house, it's information was not given to the first informant and others. The injured was lying on the ground in an injured condi­tion, she was not provided any medical aid. The information was given by the first in­formant by neighbourers. On that informa­tion the first informant, who is the father of the injured came at the place of occurrence and brought the injured to the hospital. The injured herself has stated that in the night of 14/15.3.2008 at about 8.00 p.m. she was beaten by the applicant, father-in-law, de-war and Nanad by using danda, belon and rod and she was thrown from the roof to the outside the house. In whole of the night she was lying on the road in an injured condition, in the morning one passer-by came there who took the case of the in­jured, he was called by the injured and given the information to her father thereaf­ter the first informant was called by other passer-by. According to the medical ex­amination report also, the injured was medically examined on 16.3.2008 at 7.30 a.m., the medical examination shows that she was badly beaten and thereafter thrown from the roof at about 8.00 p.m. on 14.3.2008. The injured has sustained three injuries in which injury No. 1 and 2 were lacerated wounds and injury No. 3 and 4 were contusions. The applicant was also living in the same house, being the father-in-law he was under moral obligation to protect the interest of his daughter-in-law but the act of the applicant was in contrary to his moral obligation and active role of causing the injuries on the person of the injured thereafter throwing her from the roof is assigned to the applicant also. It is further submitted that according to the X-ray report there was a fracture on the bone also and there is no false implication of the applicant because the husband of the in­jured has not made the accused, therefore, the applicant may not be released on bail.
(3.) CONSIDERING the facts and circum­stances of the case and submission made by learned Counsel for the applicant, learned A.G.A. and learned Counsel for the com­plainant, gravity of the offence, considering the fact that criminal Misc. bail application No. 11486 of 2008 of Smt. Nayantara Devi, who is mother-in-law of the injured has been rejected by this Court on 2.9.2008 and without expressing any opinion on the merits of the case, the applicant is not enti­tled for bail at this stage. The prayer for bail is refused.;