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Raj Kumar @ Raju Kesari v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16231 of 2006  RD-AH 13228 (8 August 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant and learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant is the husband of the deceased. The F.I.R. of this case has been lodged in pursuance of the passed on the application under Section 156(3) Cr. P. C. It is contended that the deceased received burn injures. She was taken to the hospital by the applicant on 1.2.2006, where she was medically examined at 12.30 a.m. on the same day, from where she was referred to Varanasi Hospital. The deceased was taken to Varanasi by the applicant. The statement of the deceased was recorded by Additional City Magistrate, 4th, on 1.2.2006. In her dying declaration she stated that she received injuries accidentally when she was preparing tea and she has not made any complaint against the applicant and other family members. It is further contended that the in-laws of the applicant were present in the hospital and in their presence the inquest report was also prepared, but after great thought and consultation an application under Sections 156(3) Cr. P. C. has been moved by the first informant. There was no demand of dowry. The deceased was never subjected to cruelty to fulfill the demand of dowry.
After considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant and without entering into the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Raj Kumar alias Raju involved in Case Crime No. 612 of 2006, under Sections 498A,304B I.P.C. and ¾ Dowry Prohibition Act Police Station Robertsganj , District Sonbhadra be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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