RAJENDRA SAXENA, J. - (1.) ON the statement of Smt. Janak Kanwar dt. 14. 3. 93 recorded by the S. D. M. Suratgarh at 12. 30 P. M. F. I. R. No. 78/93 was registered under sec. 309 IPC at Police Station Pilibanga. This statement was recorded in the presence of Dr. V. P. Beniwal. In her statement, Smt. Janak Kanwar had stated that she was married to Prem Arora on 1-6-90 that her husband used to run a medical shop but thereafter he was unemployed and was working with some R. N. F. Doctor. She further stated that she was not at good terms with her mother-in-law, that since her-husband was unemployed and she was under the financial stress, she poured kerosene oil an her body and lit fire to her. She also stated that her husband tried to extinguish the fire. Her brother-in-law (Nanadoi), who was living nearby their house was also not at good terms with her. Since the condition of Smt. Janak Kanwar was precarious, she was taken to Ram Manoher Lohiya Hospital, Delhi, where on 16-3-93 her dying declaration was recorded by S. D. M. , Delhi. In her dying declaration, Smt. Janak Kanwar stated that her mother-in-law Rukmani and sister-in-law Bhago (Jethani) used to harass and force her to bring more dowry. She also stated that Rukmani and Bhago had our poured the kerosene oil on her body and that her husband came to extinguish the fire therefore she die on the same day. ON 16-3-93, Smt. Janak Kanwar's Brother Prem Kumar lodged a written report on which F. I. R. No. 79/93 under Secs. 498-A and 304-B IPC was registered against Prem, Kumar Rukmani Bhago and nine others including the present seven petitioners. However, after investigation challan was filed against Prem Kumar, Rukmani, and Bhago only in the Court and as against the petitioners and other persons, it was mentioned that investigation was point on under Sec. 173 (8)Cr. P. C.
(2.) PETITIONERS are 'nanads' and 'nanadois' of the deceased. Deceased Smt. Janak Kanwar in her statements dt. 15. 3. 93 and 16. 3. 93 did not implead any of them nor assign any specific over tract on their part. . Learned P. P. has contended that Prem Kumar (brother of deceased Janak Kanwar ). Ashwani, Biharilal, Shyam Sunder. Lal Chand, Rajendra Prasad and Ishwari Devi in their statements recorded on 20-3-93 under Sec. 161 Cr. P. C. have stated that these petitioners also used to harass Smt. Janak Kanwar and demand dowry. Suffice it to say that the Investigating Officer after investigation did not file any charge-sheet against the petitioners and simply mentioned that investigation against them was pending under Sec. 173 (8) Cr. P. C. I have perused the case diary which does not show any progress after the Charge-sheet was filed on 14. 7. 93. Therefore, keeping in view the statements and dying declaration of Smt. Janak Kanwar and also the facts and circumstances of the case, I am of the considered opinion that it is a fit case wherein petitioners should be allowed anticipatory bail. I accordingly allow this petition and order that in the event of their arrest in F. I. R Case No. 79/93 Police Station Pilibanga, petitioners (I) Ashok Khurana, (2) Uma @ Guddi, (3) Murarilal, (4) Arjo alias Arjun, (5) Ashok Kumar Kalda, (6) Asha and (7) Veena alias Veena Rani be released on bail provided each one of them furnishes a personal bond in the sum of Rs. 10000/- with two sound & substantial sureties in the sum of Rs. 5000/- each to the satisfaction of the Investigating Officer for their personal a earance before him or before the Court on every date of hearing, on the following conditions :- (i) that the petitioners shall make themselves available for interrogation by a police officer as and when required, and (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from, disclosing such facts to the Court or to any police officer. .;