(1.) RAVINDRA Singh, J. This application has been filed by the applicant Abbas Ali with a prayer that he may be released on bail in Case Crime No. 80 of 2006 under Sections 498-A, 304-B I. P. C. and 3/4 D. P. Act P. S. Balua District Chandauli.
(2.) THE prosecution story in brief is that the F. I. R. of this case has been lodged by Mohd. Faiyaz Ansari at P. S. Balua District Chandauli on 4-7-2006 at about 15. 15 p. m. in respect of the incident which had occurred on 1-7-2006. THE F. I. R. has been lodged against the applicant and 8 other co-accused persons alleging therein that the marriage of the deceased Smt. Kusum Nisha was solemnized with the co- accused Ashraf Ali Ansari, son of the applicant in the year 2000. After three or four days of her marriage, the applicant and others co-accused persons demanded motor cycle and Rs. 1 lac as dowry and to fulfill the same, they were subjecting the deceased to cruelty. Its information was given to the first informant and his family members, they tried to persuade the in laws of the deceased and refused to full fill the demand of dowry. THErefore, they became to much annoyed and the deceased was sent to the house of the first informant by her in laws and asked that till the demand of dowry is not fulfilled, she shall not be kept by them. For about 4 years the first informant and his family members made efforts to persuade her in laws but they could not be persuaded. In the meantime at the pretext of illness of co-accused Mohd. Ashraf, husband of the deceased, the applicant has taken to the deceased from the house of the first informant. THEreafter, on 1-7-2006 the first informant got a telephonic message that his sister has been burnt and she has been taken to Varanasi for treatment. THE deceased was admitted in Midway Hospital at Varanasi in a badly burnt condition but she succumbed to her injuries on 3-7-2006 at about 8. 30 p. m. in the hospital during the treatment. THE inquest report of the dead-body was prepared, then the F. I. R. has been lodged by the first informant.
(3.) IT is contended by the learned Counsel for the applicant that the year of the marriage i. e. 2000 has been wrongly mentioned in the F. I. R. In fact; her marriage was performed with the son of the applicant on 15-5-1996. The name of the deceased was available in the Voter list for the year 1999 at serial No. 115. Thus, the deceased has died after 10 years of her marriage. Therefore, the offence under Section 304-B I. P. C. is not made out. IT is further contended that the conduct of the applicant and his family members was above board, because the information about this incident was given to the first informant and she was admitted to S. S. P. G. Hospital, Varanasi to provide proper medical aid and thereafter she was shifted to Midway Hospital, Varanasi. The deceased was admitted to the hospital on 1-7-2006 and the first informant and his family members also reached there and she was tutored by them to give a false statement against the applicant and others. Consequently, after 15 days of the alleged occurrence, her statement was recorded on 16-7-2006, which is delayed and tutored statement and no importance should be given to such dying declaration. There are general allegation in the F. I. R. against the applicant and other co-accused persons. There is no specific allegations against the applicant and the deceased was having no concern with the alleged demand of dowry and he has not subjected the deceased to cruelty. The deceased was caught by fire accidentally and nobody has set her on fire. The F. I. R. is delayed by four days and there is no plausible explanation of delay in lodging the F. I. R. because the first informant wanted to extract money from the applicant and his family members but it was denied by the applicant. The applicant, who is father-in-law of the deceased, is an old man and the co-accused Smt. Firoza has been released on bail by the learned Sessions Judge Chandauli on 30-8-2006, the applicant is innocent and he has not committed the alleged offence, therefore, he may be released on bail.