RAMNATH PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) Heard. Anticipating arrest in connection with Crime No. 155/2000 registered at P.S. Takhatpur for offences punishable under Sections 498-A, 506-B, 304-B and 20 1/34 IPC, the applicants - Parents in-law of the deceased. have filed this application under Section 438 Cr. P.C.

(2.) The deceased died on the night intervening between 26th and 27th March, 2000 and the report came to be lodged on 1st April. 2000. The father of the deceased made allegations that in relation to demand of dowry, cash, motorcycle and other articles, the deceased was treated with cruelty by the husband and other relations of the husband. The further allegations are that the husband of the deceased gave kick blow to his pregnant wife, therefore, she delivered a still child. Thereafter she fell sick and ultimately died an unnatural death.

(3.) Learned counsel for the applicants submits that even from the F.I.R., an offence under Section 304-B IPC would not be made out, because there are no allegations against the applicants that either they ever treated the deceased with cruelty or they persuaded the deceased to commit suicide. The further submission is that the applicant No. 1 Ramnath Pathak is a Branch Manager of District Co-operative Bank and is residing separately in connection with his services and as the material allegations are not against them each of them deserves to be released on bail.