LAWS(HPH)-2015-12-123

MAYA DEVI Vs. STATE OF HIMACHAL PRADESH

Decided On December 30, 2015
MAYA DEVI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Present petition is filed under Sec. 439 of the Code of Criminal Procedure 1973 for grant of bail relating to FIR No. 192 of 2015 dated 2.8.2015 registered under Ss. 302 and 498A read with Sec. 34 IPC at Police Station Sadar District Kullu HP.

(2.) It is pleaded that petitioner is innocent and petitioner has been falsely implicated in present case. It is pleaded that there is no direct or indirect evidence connecting petitioner with criminal offence. It is further pleaded that petitioner belongs to respectable family and has sufficient immovable property at village Jiya in Tehsil Bhunter District Kullu HP and petitioner is deeply rooted in society. It is further pleaded that detention of petitioner would not advance the cause of justice in any manner. It is further pleaded that petitioner is only female member in the family and there is no one except her to take care of minor grand children. It is further pleaded that petitioner would join investigation as and when required by investigating officer. It is further pleaded that petitioner will be abide by the terms and conditions imposed by Court. It is further pleaded that petitioner will not tamper with prosecution witnesses in any manner. Prayer for acceptance of bail petition sought.

(3.) Per contra police report filed. As per police report FIR No. 192 of 2015 dated 2.8.2015 is registered under Ss. 302 and 498A read with Sec. 34 IPC at police station sadar District Kullu HP. There is recital in police report that on dated 2.8.2015 Smt. Girja Devi wife of Sh Sanjay Kumar filed complaint that her marriage was solemnized in the year 2003 and during night period her father -in -law namely Karam Chand and mother -in -law namely Maya Devi sprinkled kerosene oil upon Girja Devi and lit the fire. There is further recital in police report that when deceased Girja Devi were sleeping in her room father -in -law of deceased knocked the door and when deceased opened the door father -in -law of deceased brought deceased towards down side of her residential room and thereafter Maya Devi mother -in -law of deceased had given kerosene oil and thereafter father -in -law of deceased sprinkled kerosene oil upon body of deceased and thereafter lit the fire. There is further recital in police report that Sanjay husband of deceased was also harassing deceased. There is further recital in police report that at the time of incident husband of the deceased was not present at the place of incident. There is further recital in police report that incident took place during mid night. After registration of FIR investigation was conducted and deceased was medically examined at regional hospital Kullu and MLC report was obtained. There is further recital in police report that last statement of deceased was recorded by Sub Divisional Magistrate Kullu and site plan was prepared and photographs also obtained. Statement of prosecution witnesses also recorded under Sec. 161 Cr.PC. There is further recital in police report that deceased died in hospital on dated 6.8.2015. There is further recital in police report that post mortem of deceased was conducted. There is further recital in police report that on dated 30.11.2015 challan is filed in competent Court of law. Prayer for rejection of bail application sought.