SHIV KUMAR Vs. STATE

JUDGEMENT

(1.) Petitioner having failed to obtain concession of bail from the trial Court has moved the instant motion.

(2.) On 18th of September' 2009, one Jyoti Devi (deceased) has committed suicide. Five years prior to the occurrence, she was married to the Petitioner. It is alleged that Mst. Vidya Devi, accused No. 2-mother-in-law and accused No. 1, husband of the deceased, for want of dowry were taunting the deceased. A female baby was born from the wedlock of the deceased and accused No. 1, ten months after the marriage but the child died within fourteen/fifteen days after birth. Thereafter for four long years the deceased was being provided medical treatment but she could not give birth to a child. Both accused i.e., husband and mother-in-law of the deceased lost hopes, so started subjecting the deceased to cruelty and it is cruelty meted out to her which made her to end her life by committing suicide.

(3.) For commission of the offences punishable under Section(s) 306 & 498-A of Ranbir Penal Code (for short R.P.C), case was registered as FIR No. 198 of 2009 with Police Station, Kishtwar. Investigation of the case culminated in filing the charge-sheet (Challan) and finally committed to the Court of Sessions Judge, Kishtwar for trial. The accused have been put to trial as they had pleaded not guilty to the charges framed against them. Both the accused are stated to have been arrested on 24th of September' 2009 subsequently accused No. 2 i.e., mother-in-law of the deceased has been admitted to bail, whereas bail petition of the Petitioner has been rejected by the trial Court vide detailed order dated 8th of November' 2010. While rejecting the petition for grant of bail, learned trial court has observed that only five witnesses have been examined; whereas P Ws 4 & 5 namely Pushpa Devi and Pancham Singh, mother and brother respectively of the deceased were not examined. The said witness are star witnesses on whose testimony the whole prosecution case hinges and has also observed that in case, at this stage, bail is granted the accused may threaten/intimidate the prosecution witnesses. Finally, has concluded that the stage is not ripe for grant of bail to the accused No. 1 Shiv Kumar.