VIJAY PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE applicants, Vijai Pal Singh and Smt. Vimala Devi have applied for bail in this case crime No. 404 of 2006 under Sections 498 -A, 304 -B I.P.C. and 3/4, Dowry Prohibition Act of police station Katghar District Moradabad.

(2.) THE prosecution case starts with a F.I.R. lodged by Satyendra Singh Yadav at police station Katghar District Moradabad at 4.05 p.m. It is stated therein that marriage of his daughter, Girish Kumari had taken place with Rakesh son of Vijai Pal Singh and Smt. Bimla Devi on 20 -2 -2002. Sufficient dowry was given in the marriage but the accused were demanding a Pulsar motor cycle and Rs. 50,000/ -cash. Two children were also born out of this wedlock, but the accused were demanding money and committing atrocities upon her. On 2 -4 -2006 at about 8.30 p.m. Smt. Girish Kumari made a phone call from a P.C.O. on mobile phone of Satyendra Singh that her life was in danger and so he should reach there immediately because her husband, father -in -law and mother -in -law were doing Marpit with her. Upon receipt of this information Satyendra Singh came to Moradabad. Upon inquiries neighbours told him that the accused after burning his daughter had taken her to get her admitted in the district hospital Moradabad, but when he went to the district hospital Moradabad he came to know that she has been referred to Delhi for treatment. He tried to establish contact on phone with the accused persons but no contact could be established and then he lodged this report at the police station Katghar against the accused persons on 3 -4 -2006 at 4.05 p.m.

(3.) SMT . Girish Kumari died on 8 -4 -2006 at 11.15 a.m. and then the charge under Section 304 -B, I.P.C. was added.