RAJINDER KUMAR Vs. THE STATE

JUDGEMENT

(1.) The respondent has submitted a Status Report dated 25th July, 2011 under the signatures of the Investigating Officer, Petitioners are brother-in-law, sister-in-law and father-in-law of the deceased. They were booked vide FIR No. 81/2010, P.S Anand Parbat for the offences punishable under Section 304B/498A/34 IPC. The respondent, alongwith the Status Report, has filed copy of the opinion regarding cause of death of the deceased which was kept pending receipt of viscera analysis report. As per the opinion, the cause of death of the deceased is given as Disseminated Tuberculosis a natural cause. Learned APP, thus, concedes that offence under Section 304B IPC is not made out.

(2.) In view of the above, only allegation left is regarding the offence punishable under Section 498A IPC. The mother-in-law and the husband of the deceased have already been granted bail. Thus, applying the principle of parity and considering the facts and circumstances of the case, the petitioners are directed to be released on bail in case FIR No. 81/2010, P.S Anand Parbat under Section 498A/304B/34 IPC in the event of their arrest on their furnishing a personal bond in the sum of Rs. 25,000/- each with one surety in the like amount each to the satisfaction of the arresting officer/concerned M.M.