High Court of Judicature at Allahabad
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Shiv Pujan Bind Alias Pujan And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13399 of 2006  RD-AH 11210 (10 July 2006)
Hon. (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicants Shiv Pujan Bind alias Pujan and Prabhawati Devi arraigned in case Crime No. 161 of 2006 under sections 498-A, 304-B I.P.C. and section ¾ Dowry Prohibition Act, Police station Mohamdabad, district Ghazipur.
Heard Sri Alok Kumar Yadav, learned counsel for the applicants, learned AGA and have perused the records.
The informant's daughter (victim) was married to the real brother of applicant no. 1 in May 2000. It is alleged that the victim was subjected of cruelty for demand of dowry and was ultimately done to death in the night of 16/17-3-2006. The post mortem certificate indicates that the death was caused due to ante mortem hanging.
The learned counsel for the applicants submitted that the applicants are elder brother-in-law and sister-in-law of the deceased. The learned counsel submitted that the deceased and her husband resided separately as is evidenced from the site-plan, kutumb register and ration card. The learned counsel contended that the marriage has taken place in the year 1998.
The learned AGA submitted that the applicants are involved in a case of dowry death and unnatural death has taken place within seven years of the marriage.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicants are elder brother-in-law and sister-in-law of the deceased. The site plan indicates separate residence of the applicants. General allegations of demand of dowry have been made against all the accused persons including the applicants. The death was caused due to asphyxia as a result of ante mortem hanging. No marks of injury except ligature mark were found on the person of the deceased. In view of these facts, I consider it to be a fit case for bail.
Let the applicants Shiv Pujan Bind alias Pujan and Prabhawati Devi arraigned in case Crime No. 161 of 2006 under sections 498-A, 304-B I.P.C. and section ¾ Dowry Prohibition Act, Police station Mohamdabad, district Ghazipur, be released on bail on their furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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