BIJENDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri P.N. Misra, Senior Advocate assisted by Sri Apul Misra learned Counsel for the applicant, learned A.G.A. and Sri S.K. Pandey learned Counsel for the complainant.

(2.) THIS application is filed by the applicant Bijendra Tiwari with a prayer that the applicant may be released on bail in case Crime No. 446 of 2005, under Sections 498 -A and 308 I.P.C. P.S. Prem Nagar, District Bareilly.

(3.) IT is contended by the learned Counsel for the applicant that the allegation of demand of dowry is false and concocted because the applicant has purchased a plot in the name of Smt. Ruchi Tiwari under Avas Vikas Scheme. The said amount was deposited in installments by the bank draft and there is joint account of Smt. Ruchi Tiwari, Brijendra Tiwari and Sri S.P. Tiwari in UCO Bank, Bareilly. It is further contended that the applicant had bear the expenses of the treatment. It is further contended that the injuries were not dangerous to life. It is further contended that with the wedlock of the applicant and Smt. Ruchi Tiwari a son was born, thereafter Smt. Ruchi Tiwari became more irritable and temperamental. On the date of alleged occurrence she exceeded all the limits of decency and on every petty matter over the looking after of the child she started hurling abuses on the applicant and also for other family members. It was protested by the applicant and the applicant persuaded her to calm down, but in a fit of rage she slapped the applicant and abused the applicant and his family and hurled filthy abuses to the applicant and his mother, this resulted in a sudden loss of self control. In these circumstances the applicant caused injury.