KAMAL PRASAD DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Kamla prasad Dwivedi with a prayer that he may be released on bail in case crime No. 413 of 2007 under sections 498a, 304b IPC and section 3/4 D. P. Act, P. S. Barsathi District jaunpur.

(2.) THE facts in brief of this case are that the FIR of this case has been lodged by the first informant Upendra Nath Tiwari at P. S. Barsathi on 1. 11. 2007 at 2. 05 p. m. in respect of the incident which had occurred in the night of 31. 10. 2007, it is alleged that the marriage of the deceased was solemnized about 5 years prior the alleged incident with the co-accused Jai Prakash son of the applicant, after the marriage of the deceased the applicant and other co-accused person demanded Rs. 50. 000/- and a Hero Honda motorcycle as a dowry for which she was subjected to cruelty, even after committing the mar-peet, she was sent to the house of the first informant, to settle the dispute a panchayat was arranged and the deceased was sent to the house of her-in-laws, in the morning of 1. 11. 2007, the first informant got the information that her daughter has died due to burn injuries, on that information the first informant came at the place of occurrence and saw the dead body of the deceased in a burnt condition, according to the postmortem examination report the deceased has sustained burn injuries I to II degree about 80% body surface area the smell of kerosene oil was present, the cause of death was due to burn injuries.

(3.) HEARD Sri V. P. Srivastava, Senior Advocate, assisted by Sri T. B. Pandey, learned counsel for the applicant, learned AGA for the State of U. P. and Sri Viresh Mishra, senior Advocate, assisted by Sri P. N. Tripathi, B. S. Pandey and Sri Rakesh mohan learned Counsel for the complainant.