ANIL KUMAR PATHAK Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.36/2010 registered in Police Station-Nevai, Distt. Durg (CG) for the offence punishable under Section 304-B read with Section 34 of the Indian Penal Code for causing dowry death of his wife namely Deepa.

(2.) Allegation against the applicant is that, his marriage was solemnized on 1.7.2009 with the deceased at Bhilai, Distt. Durg. The applicant and his relatives were not satisfied with the dowry given to him at the time of marriage and for this reason, they started treating the deceased with cruelty. The applicant demanded 2.5 to 3 lacs from her. He called the deceased to Trivendrum, where he resided there for 3-4 days happily. However, thereafter, he started giving mental torture by suspecting her fidelity. He took some obscene photographs of the deceased and started blackmailing her. On 28.02.2010, the applicant had talked with the deceased and thereafter, she consumed sulphas. This message was communicated by the applicant himself to her brother-Pawan on telephone.

(3.) Learned counsel for the applicant submits that the deceased consumed sulphas on 28.2.2010, while residing with her parents at Durg. The applicant immediately returned back to India on 1.3.2010 after the above unfortunate incident. Throughout February, 2010, she lived with her parents. The applicant had purchased two insurance policies and nominated the deceased as beneficiary. He had paid for coaching classes, which the deceased was attending on his advice. The deceased had left the suicidal note, in which, she categorically stated that the applicant is a good human being and the suicidal note has been mentioned in the seizure memo Annexure A-7. The fact of his first marriage was disclosed at the time of registration of marriage, which would be evident from Annexure A-8. The applicant had also issued ATM card in favour of his wife from his Account, which was operated by the deceased and it is evident from the statement of account of the applicant. The conduct of the complainant is apparent from the compliant as he roped in entire family members of the applicant in the above offence. Reliance is placed in the matter of Lohia v. State of West Bengal, AIR 2005 SC 790.