NEELAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER , Neelam Sharma, has filed this application for grant of bail, under Section 439 of the Code of Criminal Procedure, in respect of FIR No.92 of 2006, registered with Police Station, Nadaun, District Hamirpur under Sections 498-A, 302 read with Section 120-B of the Indian Penal Code.

(2.) PROSECUTION case in brief is that deceased Neena Kumari was married to Rajesh Kumar. Petitioner Neelam Sharma is wife of Rakesh Sharma, brother of Rajesh Kumar. Parkasho Devi is the mother of the husband. According to the prosecution, Neena Kumari was being maltreated by her husband and the other co-accused and the husband used to beat her and treated her with cruelty. They also used to taunt the deceased for bringing insufficient dowry. The deceased gave birth to a female child after about one year of the marriage which was also not liked by her husband and in-laws. She, thereafter, went to her matrimonial home and filed a petition for maintenance. This matter was compromised in Court and thereafter Neena Kumari joined the company of her husband.

(3.) AT this stage, it would not be appropriate for me to go into the merits of the allegations made against the petitioner or to express any opinion on the merits of the case. The investigation is still in progress and may take sometime. However, from the material on record till date there is nothing which links the petitioner directly with the death of the deceased. The only link is that she had illicit relations with the husband of the deceased. This allegation also needs to be proved at the time of the trial of the case.