SRI NIWAS Vs. STATE

JUDGEMENT

(1.) - Petitioner is the elder brother of the husband of the deceased. Marriage between the brother of the petitioner and the deceased, Seema, took place on 8. 7. 2003, as per Hindu Rites and ceremonies. Admittedly within seven years of the marriage, Seema died under unnatural circumstances on 29. 9. 2007. An FIR was registered on the statement of the mother of the deceased, in which she had mentioned that "thereafter at last on 29. 9. 07 Father-in-law of Seema, Ram Kumar, Ramnath, shrinivas and Lovkesh, have killed my daughter. " On the basis of this statement, the petitioner was arrested and is in judicial custody since 20. 12 2007.

(2.) LEARNED counsel for the petitioner submits that this is a fit case for grant of bail on the ground that the petitioner being the elder brother of the husband of the deceased was admittedly living separate. Counsel relies on the statement made by the mother of the deceased in the cross-examination, where she had admitted the same. Counsel further submits that the petitioner was not even remotely connected with the day-today affairs and running of the household of the deceased and her husband. The petitioner is stated to be a married man with a wife and four children, who belongs to the lower strata of the society. Parties being daily labourers, have no means of support and livelihood. Counsel also submits that the father of the petitioner was granted bail, by this Court, vide order dated 8. 5. 2008. It is contended that while living separately, the petitioner and his family have neither benefited from any dowry, if at all received by the husband of the deceased, and also there is nothing on record to show that any demand was ever made by the petitioner. It is lastly contended that the ingredients of section 304b, IPC, have not been made out and, thus, the petitioner should be granted bail.

(3.) LEARNED counsel for the State has opposed the application on the ground that the mother of the deceased in her statement has named the petitioner and, thus, no bail should be granted to the petitioner.