MUNENDRA KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS bail application has been moved on behalf of the applicant Munendra Kumar Rai involved in Case Crime No. 2258 of 2008, under Sections 498-A, 304-B, 328 and 201 I.P.C. and 3/4 of Dowry Prohibition Act, P.S. Kotwali, district Ghazipur.

(2.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Manoj Kumar Singh and Sri Santosh Kumar Rai, learned counsel for the applicant, learned AGA for the State and Sri I.K. Chaturvedi, learned counsel for the complainant and perused the material available on record.

(3.) SMT . Nagina Devi, the mother of the deceased, moved an application for Succession Certificate on 20.8.2007 before the court of Civil Judge (S.D.), Ghazipur claiming herself to be the sole heir of the deceased Smt. Pratibha Pradhan and prayed the court that a succession certificate may be issued in her favour regarding the movable and immovable properties of the deceased. In that application she arrayed as opposite parties Keshav Pradhan and Janardan Pradhan, who are the real paternal uncles of the deceased. Keshav Pradhan and Janardan Pradhan filed 'No Objection' in favour of Smt. Nagina Devi in the succession case. When the applicant, who was working in Asansol came to know of the succession case, he appeared before the court of Civil Judge (S.D.), Ghazipur and filed an objection with an application under Order 1 Rule X of Civil Procedure Code on 17.11.2007. Thereafter the abovementioned application under Section 156(3) Cr.P.C. was moved on 17.6.2008 before the court of learned Chief Judicial Magistrate, Ghazipur by Janardan Prasad, real paternal uncle of the deceased. The amount of fund of the deceased is stated to be Rs. 2,66,000.00. It has also been the case of the prosecution that on 9.7.2007 the deceased had sent a letter to her uncle in which she has mentioned that her husband and his relatives including the applicants were harassing her for dowry and there is a possibility that they might even kill her. It has also been mentioned in this letter that the accused persons of this case are pressurizing her to ask her mother to give her landed property to the husband of the deceased.