TASIBUNNISHA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, the learned AGA appearing on behalf of State and perused the record. The present bail application has been moved by the applicant, Tasibunnisha in case crime no.2136 of 2011, under Sections 498A, 304B IPC read with Section 3/4 Dowry Prohibition Act, P.S. Kothibhar, District Maharjganj, with a prayer that she may be admitted to bail during the pendency of trial.

(2.) THE prosecution case in a nutshell is that, on 25.11.2011 at about 9:15 a.m., a first information report was lodged by the brother of the deceased, that the marriage of his sister, Smt. Khairun Nisa had solemnized with Mustakeem six months prior. At the time of marriage sufficient dowry was given, but her in-laws were not satisfied and they were constantly demanding additional dowry, and on account of non fulfillment thereof, she had been tortured mentally and physically both. In the intervening night of 24/25.11.2011, the complainant received a telephonic message that her sister had been done to death, when the complainant and his other family arrived at the matrimonial house of her sister, he found the burnt dead body of her sister. The first information report has been lodged on 25.11.2011 at about 9:15 a.m. After lodging of the first information report, the police came into action. The postmortem was conducted, wherein the superficial burn injuries were found, and according to the doctor's opinion, cause of death was shock due to ante-mortem burn injuries.

(3.) HAVING considered the rival submissions advanced at the bar by the learned counsels for the parties. Since, the charge sheet has been submitted against the husband and father in law of the deceased, therefore, distinguishing the case of the applicant with those co-accused persons who have been charge sheeted, this Court is of the view that it is a fit case for bail. Without expressing any opinion about the merits of the case, let the applicant, namely Tasibunnisha involved in case crime no.2136 of 2011, under Sections 498A, 304B IPC read with Section 3/4 Dowry Prohibition Act, P.S. Kothibhar, District Maharjganj, be released on bail, on her executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-