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1993 DIGILAW 391 (RAJ)

Badri Narayan S/o Surja Ram v. State of Rajasthan

1993-07-14

RAJENDRA SAXENA

body1993
JUDGMENT 1. - Heard. 2. Perused the case diary as well as the dying declaration of Smt. Saroj dated 4-5-1993 recorded by the Sub-Inspector, Police at 5 p.m. and another dying declaration of Smt. Saroj, which was recorded on the same day, at 8 40 p.m. by the Magistrate, where in she had stated that while preparing the tea on the stove. her polyster Sari caught fire, that her in-laws treated her just like their daughter and that they did not commit any cruelty towards her. She died on the same day. As per her post-mortem, she had received 100% burns on her body. On the next day a FIR was lodged by Kishan Lal, the father of the Saroj Saroj was married with petitioner Bhanwar Lal on 4-6-1985 and that her death occurred on 4-5-93, i.e. after 7 years of her marriage and as such prima facie it is not a case of dowry death. 3. The learned counsel for the complainant has vehemently opposed this bail petition on the ground that the petitioner had demanded the dowry of Rs. 30,000/- some 9 months ago prior to this alleged incident, that on 4.5.93 they had refused to send Smt. Saroj to go to her parents house to attend the marriage of her sister. which was to be solemnised on 6-5-93 and thus they had committed cruelty towards her. 4. I have perused the statements recorded by the I.O. 5. Keeping in view all the facts and circumstances of this case, I am of the considered opinion ti-at it is a fit case wherein the petitioner should be allowed bail. Therefore. I allow this petition and order that petitioners (1) Badri Narayan. (2) Smt. Yashoda and (3) Bhanwar Lal be released on bail provided each one of them executes his/her personal bond for an amount of Rs. 10,000/- (Rs. ten thousand) and furnishes two sound and substantial Sureties for an amouut to Rs. 5000/- each to the satisfaction of Munsif and Judicial Magistrate, Loonkaransar for his/her regular appearance before him or before any other Court, where the Cr. Case pertaining to FIR No. IP S Loonkaransar is filed/transferred/committed on each and every date of hearing and whenever ordered to do so.Bail granted. *******