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2016 DIGILAW 926 (PNJ)

Ompati v. State of Haryana

2016-03-17

ANITA CHAUDHRY

body2016
JUDGMENT Mrs. Anita Chaudhry, J.: (Oral) - This is second application filed by the petitioner seeking regular bail in FIR No. 494 dated 21.11.2014, registered under Sections 304-B read with Section 34 IPC at Police Station Tosham, District Bhiwani. 2. Learned counsel contends that the petitioner is the mother-in-law, who is in custody since 22.11.2014. He further states that the girl had made a dying declaration which does not refer to any dowry demand and it only states that there was an altercation with the mother-in-law earlier in point of time. He further states that the deceased was pursuing MA and her friends had visited her the next day and a friend had prepared a CD which is hardly audible and the statement of Yashika has been recorded by the Court and the trial will take long as an application under Section 319 Cr.P.C. had been filed and the father-in-law, brother-in-law and sister-in-law are sought to be summoned. 3. Learned State counsel submits that the girl had suffered 100% burn injuries and the incident took place at 5:00 a.m. and the police had arrested the mother-in-law and the husband and the rest of the family members were found innocent, but now an application has been filed under Section 319 Cr.P.C. It is also stated that in the CD prepared by the friend, there is a reference to the fact that the mother-in-law had killed her. 4. Counsel for the petitioner contends that the authenticity of the CD is yet to be determined and the voice is muffled as the deceased was wearing a oxygen mask and nothing is audible and if the dying declaration recorded before the Magistrate is seen, there is no reference to the harassment on account of dowry demand. 5. The petitioner is in custody for over a year. The trial is taking long. There is no reference to the demand of dowry in the dying declaration given before the Magistrate. Without commenting on the merits of the case, the petition is allowed and the petitioner is ordered to be released on bail on her furnishing adequate bonds to the satisfaction of the trial Court.