LAWS(CHH)-2010-10-59

YAGYABAL Vs. STATE OF C.G.

Decided On October 07, 2010
Yagyabal Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.344/2010 registered in Police Station Bemetara, Distt. Durg for the offence punishable under Section 304 (B) read with Section 34 of the Indian Penal Code for causing dowry death of his wife Anita Sen, who sustained bum injuries in her matrimonial house on 22.08.2010 at about 10.a.m. and who was declared dead when she was taken to the hospital by the applicant.

(2.) Learned counsel for the applicant submits that co-accused Meera Bai, mother of the applicant has already been granted bail by the trial Court. General and omnibus allegations have been made by the parents and sister of the deceased against the applicant regarding demand of dowry without any specific detail. Marriage was solemnized some 5-6 years before the date of incident and three children were born through their wedlock. Deceased sustained bum injuries in the kitchen during cooking and the applicant was out of his house in connection with his work at that time.

(3.) On the other hand, learned counsel for the State opposing the bail application submits that sister of the deceased has categorically stated that the deceased was tortured by the applicant and his member for bringing inadequate dowry and a day before the incident, i.e. on 21.08.2010, the applicant came to the parents of the deceased and demanded Rs. 10,000/- for opening saloon and in the following day the deceased sustained burn injuries and died.