RAGHUVENDRA S.RATHORE, J. - (1.) HEARD learned Counsel for the petitioner, learned Public Prosecutor for State and also perused the material on record as well as the impugned order dated 30.10.2007 passed by the learned Court below.
(2.) THIS bail application has been filed by the petitioner/husband under Section 438, Cr.P.C. in First Information Report No. 33/2007 registered at Police Station, Aklera, District, Jhalawar for the offence under Section 304B, IPC. Learned Counsel for the petitioner has submitted that there are no allegations against the petitioner and the other co -accused persons have been released on bail. He has also submitted that earlier a compromise had been entered into between the parties wherein the deceased have dictated the terms which were accepted. He has referred to the provisions of Section 304B, IPC, and the explanation appended to it. With reference to Section 2 of the Dowry Prohibition Act, the learned Counsel for the petitioner has submitted that the offence of dowry death is not attracted in a case of love marriage, as had been solemnized in the present case between the deceased and the petitioner. Learned Counsel for the petitioner has placed reliance upon the case of Satveer Singh and Ors. v. State of Punjab IV : 2001CriLJ4625 and the case of Lata Singh v. State of U.P. : 2006CriLJ3309.
(3.) ON the other hand, the learned Pubic Prosecutor has submitted that a bare perusal of the compromise itself, as reproduced by the petitioner in his petition, goes to show that there were strained relations between the parties and the same were entered into to resolve the dispute with regard to dowry. The learned Public Prosecutor has further submitted that the instant case is not one of purely love marriage but, in fact, the customary marriage was also solemnized in the present case on the occasion of 'Dev Uthni Gyaras'. In this reference, the learned Public Prosecutor has read before me the statements of Suresh Chand, Smt. Sarita Devi, Indra Kumar, Smt. Gopali Bai, Golu and Smt. Dhapu. The learned Public Prosecutor has also submitted that the death of the deceased was an unnatural one and in this context, he has invited the attention of the Court to the post -mortem report wherein mention has been made with regard to ligature mark on the left side of the neck of the deceased and the cause of death being asphyxia.;