J.C.VERMA, J. - (1.) THIS is an application for anticipatory bail under Section 438, Cr.P.C. in FIR No. 590/1998 of Police Station Bassi, District Jaipur. The petitioner is being tried for the offence under Sections 498A and 306, I.P.C.
(2.) THE petitioner was husband of the deceased Dr. Indra married to petitioner in the year 1995. A son and a daughter were also borne out of the wedlock of petitioner and Dr. Indra. Dr. Indra had committed suicide on 13.11.1998 and had also killed her minor son and daughter. The complaint was made by the father of the deceased to the effect that the petitioner was in the habit of asking of money and harassing his wife. The FIR was recorded on the next day i.e. 14.11.1998. The petitioner moved the application for anticipatory bail before the learned Sessions Judge, which was rejected on 27.6.2001. It is stated that the petitioner is a reputed doctor and so was his wife deceased Dr. Indra. There was no scarcity of money with either of them. The police had also submitted final report to the effect that the petitioner was not involved in the incident. The Sessions Judge had observed that because of the reason that the death of deceased had taken place within seven years of the marriage, when the deceased had also finished the life of her two innocent children. Therefore, the petitioner was not entitled to any concession of anticipatory bail.
(3.) AS per police report made on 17.8.1999 the final report was submitted by police stating therein that there was no cogent evidence to involve the petitioner. However, later on the matter was re -considered and the police changed its opinion stating therein that the offence under Sections 498 -A and 306, I.P.C. is made out from the statements recorded.;