LAWS(ALL)-2019-4-153

SURMESH MISHRA Vs. STATE OF U P

Decided On April 29, 2019
Surmesh Mishra Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Ajai Srivastava, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.

(2.) The present bail application has been filed by the applicant Surmesh Mishra with a prayer to enlarge him on bail in Case Crime No.455 of 2017, under Sections 498-A, 304-B, 120-B I.P.C. and 3/4 of D.P. Act, Police Station Nawabad, District Jhansi.

(3.) It is argued by learned counsel for the applicant that FIR.has been lodged on 30.07.2017 at 18.10 hours by father of the deceased alleging therein that the marriage of his daughter Neelam (deceased) was solemnized with the applicant on 12.06.2015 and he has given sufficient dowry as per his status, inspite of that the accused persons demanded Rs.10 lacs and a Santro Car for which the deceased was being harassed. It is also stated that a Panchayat was convened and case was compromised, but the applicant and his family members continued torturing the deceased for non-fulfilment of dowry demand. In the meantime the applicant filed Case No.560 of 2016 under Section 13 of the Hindu Marriage Act for divorce which came into knowledge of the informant after the notice was sent to him. The aforesaid case was withdrawn on interference by the informant and on 27.03.2017 the applicant took the deceased to stay alongwith him to Jhansi in campus of Bundelkhand University where he was working. On 27.07.2017 the informant received a phone call from Atul Khare, who is employee of the same University where the applicant was working, regarding death of his daughter under suspicion circumstances. He was surprised and shocked on receiving the information and reached to the place of incident.