KOLI PATEL DANA KHIMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. D. N. Patel, the learned APP waives service of the Rule on behalf of the respondent-State. Heard Mr. M. C. Barot, the learned Advocate for the petitioner and Mr. D. N, Patel, the learned Addl. Public Prosecutor The petitioner Koli Patel Dana Khima, who came to be arrested in connection with C.R. No. 97/91 registered at Sayla Police Station, for the alleged offences punishable under Sections 304-B and 498-A of the IPC for allegedly causing dowry death of his wife Bai Margha by subjecting her to the cruelty, has by this Misc. Criminal Application, moved this Court for getting himself released on bail, challenging the impugned judgment and order dated 7-10-1991 passed by the learned Sessions Judge, Surendranagar, dismissing his bail application.

(2.) To state few relevant facts briefly, according to the complainant-Soma Ganda, the incident in question wherein his younger sister Bat Margha was done to death, took place somewhere during the period in between 1-6-1991 and 3-6-1991. Further, according to the complainant, Bai Margha was married to the petitioner Dana Khima of village Gandiavadi only an year and a half before the incident in question. It is further alleged that whenever Rai Marhga used to visit her parental home, she was complaining about the taunting and illtreatment meted out to her by her husband and other in-laws of the house making grievance about dowry-demands. Further according to the complainant, on last Saturday, Hakabhai who happens to be the elder brother of the petitioner had come to his house and complained him that Margha had gone away from the house and that he had come in search of her. As a result of this information, the complainant and others went out in search of Margha in round about areas, but the same was of no consequence as she could not be traced. Ultimately, on the morning of 3-6-1991, the dead body of Bai Margha tied with some stones was recovered from the Panchayat well of village Khantla. On the basis of these facts, on 3-6-1991, at about 23-00 hours a complaint came to be filed against the petitioner, his father-Khima, his mother-Samubehn, and Bhanibehn-wife of the elder brother of the petitioner before the ASP, Surendranagar alleging that the said persons had tortured and killed Bai Margha on account dowry dispute. After this complaint came to be registered as C.R.No. 97/91, the petitioner was arrested and after the investigation was over, he came to be charge-sheeted to stand trial for the alleged offences punishable under Sections 304-B and 498-A of the IP Code.

(3.) It further appears that earlier also before filing the charge-sheet, the petitioner had made one bail application before the Sessions Court, Surendranagar, which was rejected. Thereafter, once again, the petitioner submitted yet one more bail application being Miscellaneous Criminal Application No. 327/91 before the Sessions Court, Surendranagar which also as stated above, came to be rejected, giving rise to the present application for bail.