SHIV BIHARI DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) - Heard Sri V.P. Srivastava,Senior Advocate assisted by Sri Sanjeev Khare,learned counsel for the applicant learned A.G.A.for the State of U.P., Sri R.P.Srivastava, J.P.Yadav, Sri Ajay Dubey and Smt. Kamini Pandey, learned counsel for the complainant.

(2.) THIS bail application has been moved by Shiv Bihari Dubey with a prayer that he may be released on bail in case crime no.264 of 2009 under sections 498-A, 304- B I.P.C. and section ¾ Dowry Prohibition Act, P.S Ghoorpur, District Allahabad.

(3.) IN reply of the above contention, it submitted by learned A.G.A. and learned counsel appearing on behalf of the complainant that the plea taken by the applicant that the deceased has committed suicide and the house was closed from inside is absolutely false and base less because according to the post mortem examination report, the cause of death was as a result of ante mortem strangulation. It is a case of homicide not of suicide. In this case, the statements of Deepak Kumar Tiwari, brother of the deceased and his friend Mohit Tiwari were recorded, they stated that the applicant apprised that the deceased had closed the door from inside and they wanted to know the affairs of house, they were allowed to enter the house, they saw that the deceased was hanged by a wire, all the doors were opened, it shows that after committing the murder, the applicant and other co-accused persons tried to give colour of this case as of the suicide. The deceased has been killed within 7 years of her marriage, the applicant and all other co-accused were living jointly. The co- accused Smt. Manju Dubey wife of the applicant has been released on bail by another bench of this court considering the fact that at the time of alleged incident, the father-in-law of the deceased ( applicant ), the only male member of the family was present at the time of death of the deceased, therefore, the applicant may not get benefit of the parity with the co-accused Smt. Manju Dubey, who has been released by another bench of this Court on 20.8.2009 in Criminal Misc. Bail Application No. 20154 of 2009.