G.M. LODHA, J.—Dowery hungry vultures, having failed, in getting T.V., Frieze, Scooter and coins of Rs. 25,000/- (price for selection as Tehsildar) started teasing, taunting, insulting and creating untolerable torture, resulting in severe mental agoney, apathy for such digraceful beastly life, and nervous break down of an innocent, beautiful educated yet help less newly married girl, who was thus forced to commit suicide by burning herself alive—such is the tragic, pathetic, harassing, heart breaking, nerve cracking, conscious shocking and society rocking, one line prosecution story of Urmilla the deceased, and crime of abetement of suicide by husband Ashok Kumar and his dowery starving family members. Yet the prayer is for extraordinary, exceptional judicial favour of bail without jail by the alleged dowery devils. Yet the prayer is for extraordinary, exceptional judicial favour of bail without jail by the alleged dowery devils. Urmilas "death will" is as under—(Reproduced from police Diary): ^^eq>s Hkyk ugha irk vki yksxksa ds tsgu esa bruk fo"k Hkjk iM+k gSA vki ,d ,d djds eq> ij vkjksi yxkrs jgs ysfdu vkius ;s Hkh lkspk fd eq>s fdruk nq[k gksxkA ughaA tc ls ;s ckrsa vki yksxksa us mBkbZ gS rc ls vkt rd ftruk ekufld nq[k eSaus mBk;k gS] Hkxoku u djsa fdlh vkSj yM+dh dks mBkuk iMs+A vki eEehth vkidh ckrksa ls vkuss ;s tkfgj fd;k fd eq>s u rks mudh ;kn vkrh gS u vki lcls viukiu gS dkk eSa viuk g`n~; [kksy dj fn[kk ldrhA dkk ,d ,slk dEI;wVj foKku us cuk;k gksrk ftlls Hkkoukvksa dk irk pyrkA rc vkidks ekywe gksrk fd esjh Hkkouk;sa D;k gSA eq>s vQlksl gS fd vki yksxksa ds fnekx esa ,slh xyr ckrsa dSls vkbZA ;gkW ifjfLFkfr;kW gh ,slh cu xbZA dqN vkidh n`f"V Hkze Hkh gSA Hkxoku tkurk gS fd esjk fdruk dlwj gS vki tSls balkuksa ds lkeus eSa lQkbZ nsuk Hkh ugha pkgrhA bZoj ds vkxs dksbZ ijnk ugha gSA mldks vlfy;r dk lc irk gSA vr% eq>s nq[k dqN de gSA ysfdu vki yksxksa ds fnekx esa tks ckr cSB xbZ mls flQZ eSa ej dj gh lkQ dj ldrh gwWA ;fn fQj Hkh vki dks esjs Åij fookl ugha gks rks vkids deZ vkids lkFk gSa vkSj esjs deZ esjs lkFkA vki vkSj nhnh esjs lkSan;Z dk ckj&ckj o.kZu dj jgs gSaA bZoj tkurk gS fd eSaus dHkh vius dk lqUnj le>kA ysfdu vkids eqrkfcd lkSUn;Z iznkZu djrh gwWA ml lkSUn;Z dks geskk&geskk ds fy;s feVk jgh gwWA vc rks vki lc [kqk gksukA eSa fdlh dks dksbZ nq[k nsus ugha vkÅaxhA vki lg"kZ [kqkh thou ;kiuk djukA esjs ckbZ&ckcwth] nknh] HkkbZ lkgc] cguk dks nq[k vo; gksxkA Hkxoku mudks ml nq[k dks lgu djus dh kfDr nsA ;s i= mudks t:j&t:j i<+ok nsukA ejus dh cgqr fnuksa ls lksp jgh FkhA ysfdu ekSr us Hkh esjk lkFk NksM+ fn;kA 29-11-79 dh jkr dks eSaus pwgksa okyk tgj [kk fy;k Fkk ysfdu ekSr Hkh eq>ls ukjkt FkhA flok; xys psgjs ds lwtu ds tgj us esjk dqN u fcxkM+kA tc cqjs fnu vkrs gSa rc dksbZ lkFk ugha nsrkA ekSr Hkh eqWg eksM+ xbZA ojuk vkt rd esjk dke reke gks x;k gksrkA oks lwtu ,e-lh- dh otg ls ugha FkhA tSls vius nhnh ykMdh gS oSls vius ekW cki dh ykMdh csVh FkhA eq>s Hkh I;kj dh vko;drk FkhA vkSipkfjd I;kj ds flok; dqN ugha feykA eSa cgqr gh vlfg".kq LoHkko dh yM+dh Fkh ysfdu irk ugha bruh ckrs MkaVuk ;s lc eSaus brus fnuksa rd lgu fd;kA esjh ,d lkM+h] CykÅt isVhdksV ls cDl nc jgh FkhA ;fn ;s bruh gh lkjh gks xbZ oks vkidks vius csVs dh kknh ugha djuh pkfg, FkhA ckrsa rks fny eSa cgqrA lkjh ckrsa fy[k ugha ldrhA eSa viuh bPNk;sa yksxksa us esjh Hkkoukvksa dks le>k gh ughaA [kSj esjh cnfdLerh FkhA dHkh eq>s le>us dh dksfkk ugha dhA gs bsoj] vkils izkFkZuk gS fd vc vkxs ls ,slh lh/kh yM+dh iSnk u djuk tks bruh nCcw LoHkko dh gks] vius vf/kdkjksa ds fy, Hkh u yM+ ldsA esjh ekSr dh ftEesnkj eSa [kqn gwWA g-mfeZyk 2. The case has been registered under section 306 I.P.C. against the petitioners Ashok Kumar, husband of the deceased and Kumari Nirja, sister of Ashok Kumar Sharma in addition to mother-in-law and father-in-law on the allegation that the accused used to torture the deceased Urmila for not having brought sufficient dowery. Thus mental torture of the deceased Urmila as per the prosecution allegation become unbearable and as a result of this she committed suicide, after an oarler attempt to suicide has failed. The suicide note shows that Urmila earlier tried to committ suicide also by taking certain poision-ous drugs used for killing rats but she was not successful. 3. Mr. Tibrewal appearing for the petitioners have submitted that a bare perusal of the statement of prosecution witnesses Shri Vedpal, advocate, Shri Jai Dev and Jainarain prima facie shows that the phrases and words used therein are so artificial that story has been concocted against the accused persons including petitioners. Mr. Tibrewal has also submitted few letter, which according to him prosecution agony has refused to accept, to show that relations between parties including spouse were cordial. It is argued that Ashok kumar Sharma petitioner has been selected in the R T.S. and he has to join his service by 15th of March 1980 and if he is arrested he is likely to loose job permanently. It was also pointed out that Shri Ashok Kumar Sharma used to live at Alwar away from Urmila for the most of the period after marriage and he was not there on the day of suicide was committed by Urmila and therefore there was no occasion of Ashok Kumar Sharma indulging in torture which lead to suicide as contemplated under section 306 Indian Penal Code. It was also pointed out that Kumari Nirja, girl of 17 years and student of 10th class in Saint Anjella and if she is arrested she would not be able to appear in the examination. Mr. Tibrewal contends that it is very unfortunate, incident but a false case for harassing accused has been made because the father of the deceased girl happened to be Dy. S.P. in Rajasthan. 4. Mr. Mr. Tibrewal contends that it is very unfortunate, incident but a false case for harassing accused has been made because the father of the deceased girl happened to be Dy. S.P. in Rajasthan. 4. Mr. Garg Learned Public Prosecutor vehementally opposed this bail application under section 438 Cr.P.C. According to him provisions of anticipatory bail were in introduced for exception and extraordinary cases where process of law was sought to be mis-used and abused by arrest for humiliating innocent persons. According to Mr. Garg the evidence of Shri Ved Pal Advocate is positive on the point that he has personally seen deceased girl Urmila being tortured by all the 4 accused on account of not bringing sufficient dowery from her parents. The evidence of Shri Jainarain was also read before me to point out that Urmila was told and teased, insulted, tortured for not arranging Rs. 25,000/-which has been spent in the selection of her husband Shri Ashok Kumar Sharma in Rajasthan Tehsildar Service. In addition to this not getting Television set, Friedge and Scooter in dowery was also subject matter of taunts and torture to Urmila. 5. Mr. Gargs contention is that at the stage of investigation no exceptional and extraordinary reasons have been shown for which special exception should be made in favour of the accused in the grant of anticipatory bail. 6. I have considered the submissions of learned counsel for the petitioner and the learned public prosecutor and also gone through the relevant record produced before me. The evidence of suicide note of educated girl shours that of although husband may not be living with her at the time of death she was under tremendous mental strain and torture. The fact, according to this death note, of earlier attempted suicide and even after that attempt became unsuccessful, she persisted in making second attempt, shows that the mental torture and pain, agony with which she was constantly suffering was terrible and of serious magnitude. It is very rare after first attempt to suicide fails, another attempt is made after some time. It was the case of mental torture and certainly extremely serious type and that makes this social crime, of henious and serious nature. 7. This court would not like to make any comment on evidence one way or the other. Mr. It is very rare after first attempt to suicide fails, another attempt is made after some time. It was the case of mental torture and certainly extremely serious type and that makes this social crime, of henious and serious nature. 7. This court would not like to make any comment on evidence one way or the other. Mr. Tibrewals argument may ultimately be found to be correct or may be found to be wrong, but the least that can be said is that an advocate and 2 more persons have prima facie given evidence which found to be true not only but likely to prove fatal against accused on the factor that a constant demand and torture for dowery, as alleged have been made from an educated girl. The resultant repeated attempts for suicide revolts against the social con-cious and also makes it a serious social crime of henious nature. It is not a stray case, as several Urmilas are becoming victims of dowery deaths homicide, or suicide as correctly pointed out by prosecution. This is crime against society, against womanhood and above all against poverty. It deserves serious prompt attention by law makers, law interpreters and law enforcement machinery in addition to the social reformers. It is a, Slur on society and Stigma on present generation A social evil taking away precious lives of newly married girls rarely noticed deserves much more preventive stringent legislation. 8. The provisions regarding anticipatory bail under section 438 Cr.P.C. were intended for use very sprangly in the exceptional cases, where malafide design is patent and not even latent. Such provisions cannot be used for cirum-venting normal procedure of arrest and investigation after arrest. Unless the accused shows that he has strong case where arrest is sought to be made in false connected case to defame and humiliate or black-mail him, the anticipatory bail cannot be taken. 9. After the case was registered it was expected of the husband to have surrendered and cooperated with investigating Agency and produce all letters before investigating to show his bonafides and remove clouds of suspicion, as per his version. Instead of that he avoided arrest and remained absconding which makes his case worst. I am therefore of the firm view that it would be mis-use of sec. Instead of that he avoided arrest and remained absconding which makes his case worst. I am therefore of the firm view that it would be mis-use of sec. 438 if bail is granted to him, as at this stage he has no case for bail at all, much less for anticipatory bail. 10. Mr. Tibrewal has invited my attention to provisions of sec. 437 Cr.P.C. and argued that the case of Kumari Nirja should be treated differently. The allegation of the prosecution is that both father-in-law and mother-in-law and husband in addition to Kumari Nirja were indulging in mental torture of the girl Urmila and that has resulted in suicide, if the father-in-law and mother-in-law and the husband as per prosecution, are all involved, part of Nirja girl of tender age certainly cannot be of any significance which would warrant detaining her in custody. I am inclined to take liberal view so far as Kumari Nirja is concerned, as she is student of Xth class and of tender age. Her detention in police and jail is not unavoidable, when she is required to appear in examination. It has been brought to my notice that both father-in-law and mother-in-law have been released on bail by the Magistrate concerned under sec. 439 Cr.P.C. This is unusual and abnormal in a case of this serious nature, but certainly supports prayer of Tibrewal for small girl Nirjas case. 11. The result is bail of Ashok Kumar Sharma under sec. 438 is rejected. He must surrender to the police and allow the law to take its own course. I have already observed that at this stage he has got no case for even bail much less for anticipatory bail. 12. The bail application of Nirja Sharma under sec. 438 is accepted. She would be released on bail if she is apprehended by the S.H.O. Kotwali, Jaipur or the Police Officer to whom case is transferred on the following conditions:— (i) that she shall make herself available for interrogation by a police officer as and when required ; (ii) that she 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; (iii) that she shall not leave India without the previous permission of the Court. 13. Mr. 13. Mr. Tibrewal contends that father of girl being an Inspector of Police, it is likely that accused would not get fairness in the investigation. It would be desirable that investigation is conducted by Senior Police Officer of at least Dy. S.P. rank in view of the seriousness of this social crime and the high office held both by accused father and father of Urmila. 14. The public prosecutor would intimate this to the authorities concerned and copy of this order be also sent to the Inspector of Police, Rajasthan, Jaipur.