N. B. ASTHANA, J. The applicant in bail application No. 18926 is the younger brother of the husband of the deceased. The applicant in bail application No. 18927 is the matter of the husband of the deceased. Admit tedly there is no dispute that the deceased was married on 22-2-1991 with Raj Kishore s/o Kuber Sahu. It has also not been disputed that she died as a result of burn injuries in the night of 21/22-6-1993. The father-in- law of the deceased is said to have sent information to the father of the deceased. He came to qasba Baberu, Banda. Where the deceased was married and then lodged the F. I. R. of this incident on the same day at 5. 30 p. m. In short the allegations in the F. I. R. are that the first informant could not be satisfied the demand of dowry as a result of which the deceased was done to death. One of the grounds on which the first bail application was rejected was that the defence of the applicant was wavering. In the committing court it was argued that deceased died due to burn injuries which she received while making food on the stove. In the Sessions Court the defence was that the husband of the deceased was important as a result of which she committed suicide. It has been argued that this incident was reported by father-in-law of the deceased at the police station in which he clearly stated that she committed suicide. It has been argued that a very junior lawyer was engaged in the Court of Chief Judicial Magistrate as the bail application in such cases are normally rejected by the C. J. M. and the junior lawyer could not place the case of the applicant correctly. Nothing has been placed on the record to indi cate that a very junior lawyer was engaged to move the bail application in the Court of C. J. M. but from the information sent by the father-in-law of the deceased to the police station. It is clear that the defence of the applicants was that she committed suicide. I think in the circumstances the wavering defence taken on behalf of the applicants cannot be taken adversely against 2. From the material available on record it has to be seen prima facie as to whether it was a case of suicide or dowry death. It is clear that the defence of the applicants was that she committed suicide. I think in the circumstances the wavering defence taken on behalf of the applicants cannot be taken adversely against 2. From the material available on record it has to be seen prima facie as to whether it was a case of suicide or dowry death. It has been argued for the applicants that from the allegations made in the F. I. R. it would appear that only a sum of Rs. 1000 or so is alleged to be the dowry demand and that no normal person would have committed the murder of her daughter-in-law for this small sum. A close perusal of the F. I. R. would indicate that the father-in-law of the deceased was on demanding Rs. 1000 in cash and the fare charges of two tractors. The marriage party was taken in two Jeeps and two tractors. The first informant had no son. He had two daughters. The first was married to Raj Kishore while the other was unmarried. In the F. I. R. it has also been stated that the father-in-law and the mother-in-law of the deceased told the deceased several times that her father is squandering his property upon his nephews and that she should get gold ornaments from her father and also some land in her name and in case she did not do so she would not remain above and would be tarted. It would thus follow that the demand was also with respect to gold ornaments and land. 3. In the information given by the father-in-law of the deceased at the police station it was no doubt alleged that she committed suicide but the reason for commission of suicide was not given. It also does not appear that such reason was given in the bail application moved before the Sessions Judge. In the first bail application moved in this Court by Sri L. K. Pathak and Sri Arun Pathak Advocate an affidavit was filed. In this affidavit it was stated that the deceased was disappointed and for that reason she com mitted suicide. No reason for disappointment was given. It was rather vehemently argued that the case of the applicants was not properly put up and that there were various reasons for which she committed suicide. In this affidavit it was stated that the deceased was disappointed and for that reason she com mitted suicide. No reason for disappointment was given. It was rather vehemently argued that the case of the applicants was not properly put up and that there were various reasons for which she committed suicide. In the affidavit filed with the present bail application it is stated that the father of the deceased had illicit relations with one Kumbarin and sent his legally wedded wife to her Maika where she remained for about two years continu ously and when she became pregnant there she came to the house of the informant who scolded and kicked her out of the house. The deceased was extremely should form this incident. It is also said that Taj of the deceased used to scold her that she was just like her mother want to remain at her Maika and that one day she would also became pregnant file her mother and would be kicked out from her husbands house in the same way her mother was kicked out. It is said that this was a great shock to the deceased and was the biggest reason for committing suicide. An affidavit was filed by the father of the deceased in the court below stating that his wife had died. To the same effect was his statement under Section 161, Cr. P. C. At this stage I am not inclined to come to the conclusion that she committed suicide for the reasons stated above. 4. The second reason for committing suicide alleged is that she was having some blackishness on her nails. She used to think that she was developing leprosy, she was being treated by her father for it but there was no improvement and for that reason also she committed suicide. There is nothing in black and white on the record to substantiate this allegations. 5. It has further been alleged that the husband of the deceased was about 16 years of age at the time of his marriage she was reading in B. Sc Part I. He remained away from the deceased and was being treated for impotency. He was a regular student at Banda and used to reside there. 5. It has further been alleged that the husband of the deceased was about 16 years of age at the time of his marriage she was reading in B. Sc Part I. He remained away from the deceased and was being treated for impotency. He was a regular student at Banda and used to reside there. He used to come rarely to Banda to meet the deceased and since she remained unsatisfied with her husband it was another big reason for her committing suicide. Two prescriptions have been filed which were referred to during arguments. The one is dated 19-11-93 while the other appears to be dated 9-12-93. This date is not very clear. However these prescriptions are of Dr. Malkhan Singh, Surgeon Project Hospital Kasimpur, Aligarh. This place is at a far off distance from Banda. It had not been explained during arguments as to why the husband of the deceased had to go Kasimpur, Aligarh for treatment. Dr. Malkhan Singh has described himself as a Surgeon and not a Sex Specialist, competent Doctors are available at Allahabad and also at Lucknow. On behalf of the applicants photostat copy of the admit card of the husband of the deceased bearing his photo has been filed. From this photo he does not appear to be lean and thin person so that he was not in a position to satisfy his wife. 6. It has also been stated that Taj of the deceased used to torture her. She was mentally disturbed and that was also a reason for committing suicide. It has also been stated that the first informant was willing to marry his second daughter to applicant Nand Kishore which would rule out the possibility of the demand of dowry. These allegations have been denied on behalf of the prosecution. 7. It was also argued that if the applicants were after dowry than the better course for them was to get the father of the deceased murdered so that the deceased would have inherited half of his property. Committing murder in ones own house in the night of a helpless female is easier than committing the murder at some other place in broad day light of a man. There is a greater risk in the second case. 8. It was then urged that the father-in-law of the deceased had a huge ancestral house in an area of about a Bigha. There is a greater risk in the second case. 8. It was then urged that the father-in-law of the deceased had a huge ancestral house in an area of about a Bigha. He also purchased a new house for Rs. 63,000 and on the instance of the deceased she and her husband were shifted to this new house. It is also said that in this very house she com mitted suicide. According to the allegations made in the bail application itself the husband of the deceased was mostly residing at Banda where he was getting education. In the circumstances it appears improbable that the deceased would have insisted for a separate house to live all alone. 9. It is also stated that the earnings and the share of the husband of the deceased was not upto her satisfaction and for that reason she may have committed suicide. The deceased was getting education. According to the learned counsel for the applicants he was a good student and even while in jail appeared at the examination and scored very good marks. It appears as he was a brilliant student he had a bright future. There was nothing for the deceased to feel despondent about him and his status and to commit suicide. 10. It was then urged that one Yaduraj who was instrumental in getting the marriage settled has also been implicated which would show the malic of the first informer. Simply from the fact that Yaduraj was granted bail it cannot be said at this stage that he was falsely roped in this case. It would be a matter for decision at the time of final disposal of the Sessions trial. No inference one way or the other can be drawn at this stage. 11. It was rather vehmently argued that plastic consider which con tained Kerosene Oil and a Chirag were found near the dead body which would indicate suicide. This may also indicate the commission of murder by setting her to fire. It was then urged that the deceased was found wearing all the bangles. No bangle was broken. By the side of the dead body wheat and mustard both dried up were found stored but none of them caught fire. In my view these circumstances would not support the applicants in any way. On the other hand they may go against them. No bangle was broken. By the side of the dead body wheat and mustard both dried up were found stored but none of them caught fire. In my view these circumstances would not support the applicants in any way. On the other hand they may go against them. It was very con-conventient for the deceased had she wanted to commit suicide to set to fire these crops and then after soaking herself in Kerosene oil to jump in it. 12. It was then urged that under Sec. 304-B, I. P. C. It must be shown that the deceased soon before her death was subjected to cruelty or harass ment and that there is nothing on the record to indicate that soon before her death she was subjected to cruelty or harassment. I do not think the word soon can be interpreted to mean that the prosecution has to prove that immediately before her death she was subjected to cruelty or harass ment. Soon would not mean immediately. If the prosecution is able to prove that there was proximate cause in between the cruelty and harassment in connection with the demand of dowry and the death of a woman married within 7 years of the date of her marriage. The provision of Section 304-B, I. P. C. would be attracted presumptions of Section 113-A and 113-B of the Evidence Act are also available to the prosecution. It was then urged that the father-in-law of the deceased lodged the FIR and also sent informa tion to the first informant which would indicate that it was not a case of murder but of sucicide. It may be that in order to make out a defence the FIR was lodged and father of the deceased was informed. These circum stances at this stage cannot be said to be decisive. 13. Smt. Kalawati is the mother-in-law of the deceased. Her husband was mostly residing at Banda. It cannot be ruled out at this stage that she was also harassing her for dowry. The manner in which the deceased was done to death would indicate that it cannot be done by a single person. It was an act of more than one person. 14. In the facts and circumstances of the case I do not find any ground for the grant of bail. The manner in which the deceased was done to death would indicate that it cannot be done by a single person. It was an act of more than one person. 14. In the facts and circumstances of the case I do not find any ground for the grant of bail. Moreover all the grounds argued in support of the bail application were available to the applicant at the time the first bail application was filed. The provisions of a Section 437, Cr. P. C. are not mandatory. 15. As regard Nand Kishore additional point argued is that he is a minor and under the provision of Juvenile Justice Act is entitled for bail. The point argued is that he is a minor, and under the provision of Juvenile Justite Act is entitled for bail. The photostat copy of the marks-sheet obtained by the applicant in High School Examination of the year 1993 has been filed showing his date of birth is 10-10-1978. This plea was not taken either in the court below or in the first bail application moved in this Court. On this basis it has been argued that this plea is an after thought and that the date of birth in the mark-sheet should not be taken as correct one. Prima facie from the mark-sheet applicant Nand Kishore appears to be a juvenile and under the circumstances it would be proper to extend to him at this stage the benefit of bail. 16. The result is that bail application No. 18927 of 1993 of Smt. Kalawati is rejected. Bail application No. 18926 of 1993 of Nand Kishore is granted. 17. Applicant Nand Kishore s/o Kuber involved in case crime No. 237 of 1993 under Section 498-A/304- B/120-B, I. P. C. , P. S. Baberu, Banda is released on bail upon furnishing a personal bond of his near relation exercising some control over him and two sureties each in the like amount to the satisfication of C. J. M. , Banda. Decided accordingly. .