RAVINDRA SINGH,J. - (1.) HEARD Smt. Kamla Singh, learned counsel for the applicant, learned A.G.A. for the State and Sri Virendra Singh Yadav, learned counsel appearing on behalf of the complainant and perused the record.
(2.) THIS bail application has been moved by the applicant Sushil Singh with a prayer that he may be released on bail in case crime No. 143 of 2008, under sections 498A, 304-B I.P.C. and section ¾ Dowry Prohibition Act, P.S. Bairia, District Ballia. The facts, in brief, of this case are that marriage of the deceased Smt. Sandhya alias Pinki was solemnized with the applicant on 30.1.2005, thereafter, the demand of Rs.2 lacs was made by her in-laws for constructing a house and to purchase the land. To fulfil the above mentioned demand, the deceased was subjected to cruelty, ultimately, she was killed in the night of 10.10.2008 at about 3.00 a.m. by her in-laws by way of putting her on fire. The deceased was taken in burnt condition to the hospital where she was found dead, leaving the dead body by her in-laws, fled away from the hospital. According to the post mortem examination report, the deceased had sustained ante mortem superficial to deep burn injury about 95%, the cause of death was as a result of ante mortem burn injuries. The applicant applied for bail before the learned Sessions Judge, Ballia, who rejected the same on 11.5.209.
(3.) IT is contended by learned counsel for the applicant that allegation of demand of Rs. 2 lacs was not having any concern with the dowry. According to the FIR itself, such demand was made for the construction of a house and to purchase a land. There is no evidence that the deceased was subjected to cruelty soon before her death. The deceased was not subjected to cruelty to fulfil any demand. The father in law of the deceased had taken the deceased to the hospital but unfortunately she succumbed to her injuries on the way to hospital. The deceased has left a child aged about 3 years. The deceased had committed suicide because she was a lady of a short temperament, on the day of the alleged incident, the applicant was on duty as constable of C.R.P.F, posted in Jammu and Kashmir on the boarder line of the country. The applicant is serving in C.R.P.F., he is ready to furnish bail bonds, he may be released on bail.;