VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by applicant Vinod Kumar with a prayer that he may be released on bail in case crime No. 295 of 2006, under Sections 498-A and 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, P.S. Sadar Bazar, District Agra.

(2.) The prosecution story, in brief, is that the F.I.R. has been lodged by Bhikha Ram the father of the deceased Smt Renu at P.S. Sadar Bazar, Agra on 9.5.2006 at 12.50 p.m. in respect of the incident which had occurred on 4.5.2006. The F.I.R. was lodged against the applicant, co-accused Smt Munni Devi the wife of the applicant and co-accused Sanjay the son of the applicant alleging therein that the marriage of the deceased was solemnized with Jitendra son of the applicant in the month of February, 2005. The first informant bore the expenses of Rs. 2.50 lac, but the applicant and other co-accused persons were not satisfied with the dowry given in the marriage and since the date of marriage they were passing comments and demanded some more dowry and they have made an specific demand of Rs. 50,000/- and to fulfill the demand of dowry they were subjecting the deceased to cruelty. Its complaint was made by the deceased to the first informant. The first informant tried to persuade the applicant and other co-accused persons, but the applicant and other co-accused persons were not satisfied and in the night of 4.5.2006 the deceased was set on fire after pouring the petrol inside a room and the room was bolted from out side. On the shrieks of the deceased the people of the locality saw the incident and its information was received by the first informant, then the first informant went to the house of the applicant and. tried to know about the death of the deceased, but no satisfactory reply was given by the applicant and other co-accused persons. The deceased was admitted in Kamla Hospital where her condition was very serious, but subsequently, she died in other hospital and her inquest report was prepared on 11.5.2006, thereafter, post mortem examination was conducted. According to the post mortem examination report the deceased has received superficial to deep burn injuries and cause of death was due to septicemia as a result of ante mortem injuries.

(3.) Heard Smt Kamini Pandey and Sri Ajai Dubey learned Counsel for the applicant, learned A.G.A. for the state of U.P. and Sri D.N. Wali Learned Counsel for the complainant.