OM PRAKASH THATHERA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS bail application has been filed by Om Prakash Thathera with a prayer that he may be released on bail in case crime no. 1577 of 2008 under sections 498-A, 304-B, 323, 504, 506, 326 I.P.C. and ¾ Dowry Prohibition Act., Police Station Pipiganj, District Gorakhpur.

(2.) HEARD Rajeev Kumar Singh, learned counsel for the applicant, learned A.G.A.for the State of U.P. and perused the record.

(3.) IT is contended by learned counsel for the applicant that even according to the FIR, the applicant has gone from his house, thereafter she was subjected to cruelty by her in-laws, the allegation in respect of demand of dowry and subjecting the deceased to the cruelty is absolutely false and base less. The statement of the deceased was recorded by the I.O. under section 161 Cr.P.C.,who stated that her husband ( applicant ) had gone to Bombay to earn livelihood on 3.7.2008, she was subjected to cruelty by her mother- in- law, Dewar Vikky, Nanand Shila Devi to fulfil the demand of dowry, she was having seven months' old child in her womb who was also died because her dewar Vikky kicked her womb, she also stated that her husband and father- in- law were not saying any thing, on 23.7.2008 she was beaten by her dewar and opened the pipe of gas in the kitchen and 4 liters kerosene oil were poured upon her, thereafter, the ignition was made by matchstick, she had not made any allegation against the applicant, there is specific allegation against co-accused Vikky, Dewar of the deceased, even the applicant was not present at his house at the time of alleged incident. The applicant is not having criminal antecedent, he is in jail since 10.8.2008. co-accused Shila Devi has been released on bail by another bench of this court on 25.3.2009 in criminal misc. bail application no. 29129 of 2008.