JUDGMENT 1. - The deceased, who was the wife of the petitioner lost a golden necklace at her mother's house and this became the cause of this quarrel between the husband and wife. The husband had practically left her, but then his uncle fetched her for attending a marriage and then because of further quarrels between the husband and wife, the husband gave a kick in the abdomen of the deceased on account of which she died. The body was cremated in the field of co-accused without sending information to her brothers. 2. Learned counsel for the petitioner has contended that this is not a case of dowry death as there is no allegation about the demand of dowry. It is also contended that u/s. 498-A IPC. cruelty has to be in connection with unlawful demand and failure to meet the same and this is not the case here. 3. It may be stated that under Section 498-A IPC, punishment has been provided for cruelty by husband or his relatives. This cruelty has been further defined and under clause (a) and any wilful conduct which is likely to drive a woman to commit suicide has been included in cruelty alongwith the act of the accused which causes grave injury or danger to life, limb or health. It is only under clause (b) that cruelty has been connected with unlawful demands. Clause (a) will cover cruelty which is not connected with the demand of dowry and the petitioner's act can fall under clause (a) of this Section. 4. The petitioner has remained in custody for about four months and from the evidence it will have to be seen as to what offence can be said to be made out against him. As present when it appears to be a case of acting more in anger, then for demand of dowry, this petitioner can be released on appropriate conditions. 5. It is, therefore, ordered that the petitioner Sita Ram be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000 (Rupees Ten Thousand only) with two sureties in the sum of Rs.
5. It is, therefore, ordered that the petitioner Sita Ram be released on bail provided he furnishes a personal bond in the sum of Rs. 10,000 (Rupees Ten Thousand only) with two sureties in the sum of Rs. 5,000/- each to the satisfaction of the trial court with the stipulation to appear before that court on each and every date of hearing or as and when called upon to do so during the pendency of the trial with the condition that the petitioner shall not threaten or influence the witnesses of the prosecution. *******