Vijay Kumar Verma - (1.) HEARD Sri J. S. Audhichya, advocate appearing for the applicant and A.G.A. for the State and also perused the record.
(2.) APPLICANT Rakesh Kumar alias Hanuman is the husband of deceased Smt. Mamta, who died within seven years of her marriage, due to smothering in the house of the applicant. An F.I.R. was lodged by Adya Prasad Tiwari, father of the deceased on 4.7.2006 at police station Pawara, district Jaunpur, where a case under Sections 498A, 304B, I.P.C. and 3/4, D. P. Act was registered at Crime No. 185 of 2006 against Rakesh Kumar alias Hanuman (applicant herein), Hubnarayan and Sas (mother-in-law) of deceased. The allegations made in the F.I.R. are that after the marriage of deceased Smt. Mamta with Rakesh Kumar, she was being harassed by her husband, father-in-law and mother-in-law making demand of motorcycle, gold chain and Rs. 50,000 in dowry. It is also alleged that when their demand was not fulfilled, the accused persons committed murder of Smt. Mamta. The first and foremost submission made by learned counsel for the applicant is that it is a case of suicide as is evident from inquest report (Annexure-3) and since the applicant alone cannot be held liable for committing suicide by the deceased, hence he is entitled to be released on bail in this case, because he is languishing in jail since 7.6.2006.
(3.) NEXT submission made by learned counsel is that there is delay in lodging the F.I.R. It is also submitted in this context that father of the deceased, who had lodged the F.I.R. was present at the time of inquest proceeding, but he did not lodge the F.I.R. on that date. Next submission made by learned counsel is that co-accused have been granted bail by this Court.;