NETRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) SINCE both the bail applications have a common matrix and arisen from same offence, hence they are being decided together by a common order.

(2.) BEING aggrieved by the order of refusal of bail dated 7. 8. 2008 by the learned district and Sessions Judge, Agra, applicants have preferred aforesaid bail applications before this Court for consideration of their prayer for bail in Case Crime No. 185 of 2008 under Sections 498a, 304b, 506, I. P. C. and 3/4 of Dowry Prohibition Act, Police Station barhan, District Agra.

(3.) THE background facts in nutshell are as follows: the F. I. R. of the aforesaid case was lodged by Shailendra Pratap Singh (brother of the deceased) on 9,6. 2008 at Police Station, Barhan District Agra in respect of the incident which is alleged to have occurred on the same day at about 11. 00 a. m. It is alleged that the marriage of the deceased Smt. Rubi was solemnized with the applicants' son, namely, Sonu in year 2004 and after the lapse of one year of marriage, the in-laws of the deceased started demanding a motorcycle and when the said demand could not be fulfilled, the deceased was subjected to harassment and cruelty. Ultimately on 9. 6. 2008 at about 11. 00 a. m. , the deceased Smt. Rubi was set on fire and she breathed her last due to the burn injuries. On an information received by the brother of the deceased allegedly sent by some person from the village of the applicants regarding the incident, the complainant along with some co-villagers reached to the nuptial place of the deceased and found the dead body lying in her nuptial house. Thereafter on the same day, F. I. R. was registered under aforesaid sections against the applicants and Sonu, the husband of the deceased.