SRI KANT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri P.C. Pathak, learned counsel for the applicants, learned A.G.A. for the State of U.P., Sri Hari Om Khare and Sri Sipahi Lal Shukla, learned counsel of the complainant.

(2.) THIS application has been moved by the applicants Shrikant Mishra and Smt. Hausala Devi with a prayer that they may be released on bail in case crime No. 100 of 2011 under sections 498-A, 304-B IPC and section ? D.P. Act, P.S. Machhalishahr, District Jaunpur.

(3.) THE applicants are old persons. Applicant No. 1 Shrikand Mishra is aged about 65 years and applicant NO. 2 is aged about 62 years. THEy were having no concerned with the demand of dowry and subjecting the deceased as of the motorcycle. THEir case is distinguishable with the case of husband of deceased, they may be released on bail. In reply of the above contention, it is submitted by learned A.G.A. and learned counsel for the complainant that the applicants are father-in-law and mother-in-law of the deceased, they were living in the said house where the deceased was living. THE deceased has died within 12 days of her marriage. THE allegation of demand of motorcycle in dowry has been made against the in-laws of the deceased for which the deceased was subjected to cruelty. THEre is no material to show that the deceased was ailing or suffering from any disease. In this regard no treatment was done. THE post mortem examination report is not reliable at all. According to the statement of Smt. Jai Devi, the mother of the deceased she had seen the injury on cheek, neck and back of the deceased. According to the inquest report which was prepared by Naib Tahsildar, the contusion were seen on the neck and back of the deceased. In photonas also such injuries have been shown which have been ignored by the doctor in noting the ante mortem injuries. In inquest report it has been mentioned that the blood was coming out from the left ear. THE death of the deceased was unnatural and viscera report has not been received. In these circumstances, the applicants may be not released on bail.