JUDGMENT Kuldip Singh, Judge This judgment shall dispose of Cr.MP(M) No. 879 of 2012 and Cr.MP(M) No. 880 of 2012 filed by Sundari Devi and Promila Devi alias Turma, respectively under Section 439 Cr.P.C. for releasing them on bail in FIR No. 119 of 2012 dated 19.8.2012 registered at Police Station, Barsar, District Hamirpur, under Sections 498-A, 306, 34 IPC. Sundari Devi, Promila Devi alias Turma, is the mother-in-law, sister-in-law respectively of deceased Shivani. 2. It has been stated that prosecution version is that the complainant Smt. Shashi Lata has stated that her husband died nine years ago leaving behind two daughters Sarita, Shivani and one son Hitesh, all married. The complainant further stated that she solemnized marriage of Shivani with Jasbir Singh on 10.8.2002. She gave gifts in the marriage as per her capacity. 3. The complainant has stated that accused harassed Shivani unnecessarily. Sundari Devi, Promila Devi alias Turma and Jasbir Singh, husband of Shivani used to ask Shivani to move out from the house and construct a separate house and live therein after taking money from the complainant. Shivani from the marriage with Jasbir has given birth to three sons. 4. Shivani several times complained about the torture and asked the complainant to complaint to village Pradhan. But the Pradhan told that mother-in-law of Shivani was quarrelsome woman, Pradhan had shown her inability to ask the mother-in-law of Shivani regarding complaint. The complainant has stated that husband, mother-in-law and sister-in-law of Shivani used to torture Shivani. The complainant has also stated that even after the complaint of Shivani, she several times advised her daughter and sent her back to her matrimonial home. On the foreign trip of Jasbir, she had paid Rs.1,00,000/- to him. The complainant had been spending on her daughter and grand-children. 5. The complainant has stated that on 19.8.2012 at about 9/10 a.m. she called Shivani but her grand-son Abhay alias Ashu picked up the phone and told that his father was beating his mother. The grand-son disconnected the phone. The complainant called Jasbir and asked him why he was beating Shivani, he told he was joking. The complainant once again called Shivani on phone, she told her husband, sister-in-law and mother-in-law gave her beatings. Shivani disconnected the phone. 6. The complainant called to Police Station, Barsar, she was told that Barsar Police was contacting Police Post, Bijhar. The complainant called Jasbir and asked him why he was beating Shivani, he told he was joking. The complainant once again called Shivani on phone, she told her husband, sister-in-law and mother-in-law gave her beatings. Shivani disconnected the phone. 6. The complainant called to Police Station, Barsar, she was told that Barsar Police was contacting Police Post, Bijhar. In the meantime, the complainant received call from Police Station that Shivani had died. The complainant has stated that accused physically and mentally tortured Shivani. 7. It has been stated that the prosecution case is based upon suspicion in exaggerated form at the instance of complainant in a condition of emotion and hot passion. The petitioners have been falsely implicated in the case. It has been stated that Sundari Devi has two sons Jasbir and Hemant, two daughters Promila and Mukesh. The children of Sundari Devi are married and living separately. It has been stated that Promila was married in the year 1996 and since then she is living in matrimonial home. The husband of Promila is residing in Delhi. One son and one daughter of Promila for purpose of education are living with Sundari Devi in the family of maternal uncle Hemant, who is separately living from the family of Jasbir and Shivani. 8. It has been stated that Sundari Devi is aged about 63 years and there is no one to look after the children of Promila. The investigation in the case is almost complete. The continuous detention of the petitioners will not serve any purpose. The petitioners are ready to furnish bail bonds. The submission has been made for releasing the petitioners on bail. 9. The status report has been filed in Cr.MP(M) No. 879 of 2012. It has been stated that the case has been registered on the complaint of Smt. Shashi Lata on 19.8.2012. The postmortem on the dead body of Shivani was got conducted. Jasbir, Promila alias Turma and Sundari were arrested. It has come in the investigation that Shivani was married to Jasbir on 10.8.2002. From the wedlock, Shivani gave birth to three sons aged 8, 6 and 4 years. Promila alias Turma with children is living in the house of Shivani. Sundari, Promila and Jasbir had been ill-treating the deceased. The deceased was not being provided maintenance. 10. It has come in the investigation that Shivani was married to Jasbir on 10.8.2002. From the wedlock, Shivani gave birth to three sons aged 8, 6 and 4 years. Promila alias Turma with children is living in the house of Shivani. Sundari, Promila and Jasbir had been ill-treating the deceased. The deceased was not being provided maintenance. 10. On small matters, Jasbir Singh used to ill-treat deceased, mother of deceased paid Rs.1,00,000/- to Jasbir for going to foreign for improvement of the family but despite that Sundari Devi, Promila and Jasbir ill treated Shivani aged 35 years both physically and mentally. The deceased could not tolerate the torture, she consumed poison and committed suicide on 19.8.2012. Sundari and Promila alias Turma are in judicial custody, in the event of bail, they will terrorise the prosecution witnesses. There is tension in the family of the deceased. It is in the interest of the bail petitioners not to release them on bail keeping in view the anger in the family of the deceased. The petitioners earlier moved FTC Court Hamirpur for bail but their applications were dismissed on 1.9.2012. The submission has been made for rejection of the bail applications. 11. Heard and perused the record. The learned counsel for the petitioner has submitted that Jasbir Singh has a separate family in which petitioners are not included which is clear from ration card. It has been submitted that the petitioners have been falsely implicated. Shivani ended her life under some emotion and her unfortunate death has been wrongly attributed to the petitioners. The petitioners are innocent, they have committed no offence. The investigation in the case is complete. The petitioners have roots in the society. There is no possibility of petitioners fleeing away from justice, both petitioners are women. Sundari Devi is aged about 63 years, Promila is young with two children who are virtually orphan in absence of their mother, their father is at Delhi. 12. The learned Additional Advocate General has opposed the bail applications. She has stated that there should not be any apparent reason for committing suicide by Shivani except her torture. Shivani has given birth to three sons. It has come in the investigation that the beatings given to Shivani on 19.8.2012 were not an isolated act, she was tortured earlier also. The learned Additional Advocate General has opposed the bail applications. She has stated that there should not be any apparent reason for committing suicide by Shivani except her torture. Shivani has given birth to three sons. It has come in the investigation that the beatings given to Shivani on 19.8.2012 were not an isolated act, she was tortured earlier also. On 19.8.2012 also, report was lodged at Police Station regarding the beatings given to Shivani, thereafter Shivani consumed poison. The petitioners treated Shivani with cruelty. It is not in public interest to release the petitioners on bail after committing such a heinous offence. There is tension due to the death of Shivani and, therefore, it is not in the interest of petitioners to release them on bail at this stage. 13. The case has been registered on the written complaint on 19.8.2012 of complainant Shashi Lata. The MLC of Shivani indicates that she was examined at 12.20 p.m. on 19.8.2012, her pulse, B.P. were not recordable and she was gasping. The doctor suspected celphose poisoning. The post mortem was conducted on the body of Shivani, doctor has stated that the opinion will be given after receiving the chemical examination report. After receipt of chemical examination report, the opinion has been given that the deceased died due to Asphyxia as a result of pulmonary odema in a case of Phosphine gas poisoning. 14. The rapat No.6 Rojnamcha PAR Bijhri, P.S. Barsar indicates that information was received at 12.10 p.m. from Police Control Room, Hamirpur on telephone that at Bijhri Shivani has been given beatings. The rapat No. 7 PAR Bijhri, P.S. Barsar, indicates that at 1.30 p.m. it was found on verification that Shivani has consumed some poison and she was taken to Barsar Hospital. In the residence, mother and sister of Jasbir were found. They said that Jasbir Singh might be knowing the reason. 15. In the copy of family register of Sundari Devi in addition to others, Jasbir Singh, Shivani, Shashi Bala, grand-daughter and Rohal Thakur, grand-son have been shown members of the family. Meena Kumari, President, Gram Panchayat, Bijhari in her statement under Section 161 Cr.P.C. has stated that Shivani came to her about 10-15 days ago and told that her husband Jasbir Singh had given her beatings after consuming liquor. 16. Meena Kumari, President, Gram Panchayat, Bijhari in her statement under Section 161 Cr.P.C. has stated that Shivani came to her about 10-15 days ago and told that her husband Jasbir Singh had given her beatings after consuming liquor. 16. Abhay Kumar alias Ashu S/o Jasbir Singh in his statement under Section 161 Cr.P.C. has stated that his father used to give beatings to his mother. The mother had consumed something and his father had taken his mother to hospital. The grand-mother called 4/5 times on phone but his father was disconnecting the phone. The father was abusing grand-mother. Aunt was saying to take mother to Mandi. Father and ‘Dadi’ used to beat mother. The father had lifted the mother on shoulder, aunt was also there, who also used to quarrel with mother some times. 17. Hitesh Kumar, brother of Shivani, in his statement under Section 161 Cr.P.C. has also corroborated the prosecution version of torture to Shivani. Kehar Singh, Ex-BDC member in his statement under Section 161 Cr.P.C. has stated that Shashi Lata had told him several times that mother-in-law, sister-in-law and husband of Shivani used to give beatings to Shivani. During vacations in the school, Shivani had come to her mother. Shivani asked him to help her for job. She also told that her husband, mother-in-law and sister-in-law used to give her beatings. 18. The learned Additional Advocate General has stated that Sundari was arrested on 20.8.2012 and Promila on 19.8.2012. The investigation in the case is in progress. The prosecution has shown apprehension that in the event of bail to petitioners, they will influence the prosecution witnesses. The prosecution has also stated in the status report that in view of death of Shivani, there is tension and it is in the interest of petitioners that they should not be released on bail at this stage. In the facts and circumstances of the present case, the petitioners are not entitled to bail. Accordingly, both the petitions are dismissed at this stage. It is open to the petitioners to repeat the bail applications after filing of the challan. 19. The observations made in this judgment are for disposal of bail petitions only and the same shall not be construed as an expression of opinion on the merits of the case.