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2022 DIGILAW 2811 (RAJ)

Santosh Devi v. State of Rajasthan

2022-11-24

ANOOP KUMAR DHAND

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ORDER ^^;= uk;ZLrq iwT;Urs jeUrs r= nsork%A ;=SrkLrq u iwT;Urs lokZLr=kQyk% fØ;k%A** 1. The above famous shloka from ’Manusmriti’ means:- "Where women are honored, divinity blossoms there, and where women are dishonored, all action no matter how noble remain unfruitful." 2. Marriages are made in heaven, is an adage. A bride leaves the parental home for the matrimonial home, leaving behind sweet memories therewith a hope that she will see a new world full of love in her groom’s house. She leaves behind not only her memories, but also her surname, gotra and maidenhood. She expects not only to be a daughter-in-law, but a daughter in fact. Alas! the alarming rise in the number of cases involving harassment to the newly wed girls for dowry shatters the dreams. In-laws are characterized to be outlaws for perpetrating terrorism which destroys the matrimonial home. The terrorist is dowry, and it is spreading tentacles in every possible direction. 3. The above quote of the Hon’ble Apex Court in the case of Kamlesh Panjiyar Vs. State of Bihar, reported in 2005 Cr.L.J. 1418 applies in the facts and circumstances of the instant case. 4. Marriage of three sisters was solemnised with three brothers. Their husbands and in-laws started teasing, taunting, insulting and creating intolerable torture, resulting in severe mental agony, apathy for such disgraceful beastly life. All the three married girls were forced to commit suicide by jumping into well alongwith their two children. Such is the tragic, pathetic, harassing, heart-breaking, nerve-cracking, conscious-shocking and society rocking one line prosecution story of the deceased Mamta, Kalu and Kamlesh. 5. Learned counsel for the petitioner submitted that the petitioners are mother-in-law and sister-in-law of the deceased and there is no specific allegation against them and an artificial story of demand of dowry and harassment has been concocted against them. Counsel submits that the incident is very unfortunate but the petitioners have been falsely booked. The petitioners are widows having no concern with the dispute of the deceased with their husbands. Counsel submits that the petitioners are innocent but falsely foisted in this case, hence they deserve indulgence of bail. 6. Counsel submits that the incident is very unfortunate but the petitioners have been falsely booked. The petitioners are widows having no concern with the dispute of the deceased with their husbands. Counsel submits that the petitioners are innocent but falsely foisted in this case, hence they deserve indulgence of bail. 6. Per contra, learned Public Prosecutor opposed the bail applications and stated that marriage of all the three real sisters; namely Mamta, Kalu & Kamlesh was solemnised in the same house and all the deceased persons were being regularly tortured by their husbands and the family members for demand of dowry. Learned Public Prosecutor further stated that two days before the incident, the following message has reflected on the display picture of the Whatsapp mobile number of one of the deceased:- ^^ge tk jgs gS ejus vc lc [kq'k jguk ejus dk dkj.k gS gekjs llqjky okys gS jkst&jkst ejus ls vPNk ge lc feydj ej jgs gS gs Hkxoku vxys tUe esa gesa cguksa dks ,d lkFk tUe nsuk esjs ifjokj okys ls ;g fuosnu gS fd gekjs fpark u djsa** 7. Learned Public Prosecutor also submits that all the three deceased were being regularly tortured for demand of dowry by their husbands and by the petitioners, hence on the fateful day, they alongwith their two children committed suicide by jumping into the well. Learned Public Prosecutor submits that, in all, five persons have died in the aforesaid unfortunate circumstances created by the petitioners alongwith the co-accused persons. The Public Prosecutor submits that looking to the gravity of the matter, the petitioners do not deserve any indulgence of bail by this Court. 8. Heard and considered the rival submissions made at the bar. 9. This Court would not like to make any comment on evidence one way or other because the same may affect the trial, but looking to the nature of allegations and gravity of the matter as well as prosecution case, prima facie, cannot be doubted as fanciful or improbable, where in a nervous, shocking and heart-breaking incident, five persons have lost their lives, I do not find it a fit case for grant of bail. Hence, the present bail applications stand dismissed. 10. Hence, the present bail applications stand dismissed. 10. Before parting with the order, I would like to place on record by way of abundant caution that whatever has been observed here-in-above has been said only for the purpose of disposing the prayer of bail made by the petitioners. Nothing contained in this order shall be construed as expression of a final opinion on any of the issues of fact or law arising for decision in the case, which shall naturally have to be done by the trial Court at the appropriate stage of the trial. 11. A copy of this order be placed in another connected file.