SATBERO DEVI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) PETITIONER is the mother-in-law of the deceased. She is seeking bail in dowry death case i.e. in FIR Mo. 929 of 2007, under Sections 302/304-B/498-A/34 of the Indian Penal Code, registered at Police Station Dwarka, Delhi. She is in custody since 4th October, 2007. The investigation of this case is complete

(2.) BHARTI was married with the son of the petitioner on 24th April, 2006, and she died an unnatural death in her matrimonial house on 3rd October, 2007. The allegations against the petitioner are that a day prior to this incident, she had called the father of the deceased and had told him that she would not keep his daughter (since deceased) in her house and had told father of the deceased that either he should give more dowry or he should get his daughter (since deceased) married at some other place.

(3.) LEARNED Additional Public Prosecutor for the State has pointed out that there is a statement of Rajbir Singh to the effect that the petitioner had demanded Rupees five lacs on that day and his demand was conveyed to him by the petitioner by taking him aside. According to learned Counsel for the petitioner, eve as per the statement of Rajbir, the allege demand was not fresh one and had there been any substance in this demand, the mention of the same would have bee definitely there in the FIR. The letter o 23rd November, 2006, relied upon by the prosecution, is sought to be distinguished by learned Counsel for the petitioner b contending that, the alleged allegation contained therein do not bring the case the petitioner within the ambit of Section 304-B and the said letter would be subject matter of trial which has not yet begun a the petitioner is already in custody for la more than one year and four months a therefore the petitioner, being an old a ailing lady, deserves bail.