KASHMIR SINGH Vs. STATE

JUDGEMENT

(1.) These two bail applications, one moved on behalf of accused Anant Ram, Mst. Beeru and Sohan Singh for grant of bail under Section 498 Cr.P.C. and another on behalf of Kashmir Singh for anticipatory bail under Section 497A Cr.P.C. in the event of his arrest, have arisen out of the facts of the case that the victim Smt. Sudesh Kumari made a report with the police, with partly her head, forehead, face and back burnt, that on the eventful day i.e. 15-4-1994 at about 5 p.m. while she was unwell and asleep in her house her father-in-law, mother-in-law and brother-in-law threw some cold liquid on her face, due to which she immediately woke up and found that all the three accused Anant Ram, Mst. Beeru and Kashmir Singh were standing by the side of her Cot. Mst. Beeru holding a match box in her hand lit a match stick and threw it on her head, and thereafter they ran away. She with her ows hands tried hurriedly to put out the flames, but in vain. On this she rushed out of her house and cried for help, when two neighbours Mst. Kunto and Baldev Singh rushed in her compound where her father-in-law was present, but was standing as a spectator. In the meanwhile, her brother-in-law who was standing there also rushed and instead of expressing sympathy started beating her with fists and blows and he chased his neighbours who had come to her help. It was also contended in the report that the petitioners had been treating her with physical and mental cruelty by telling on her face that she is ugly and is not bearing any child and were forcing her to bring Rs. 10,000/ -for construction of a separate room for her. The parents of her husband had duly proclaimed that they would re-marry their son and would eliminate the victim.

(2.) In this regard, the accused persons had moved a bail application before the learned Sessions Judge, Kathua, who dismissed the same while holding that if the accused persons who are involved in such a serious offence against society are released by the Court on the mere asking of bail, then the other persons may be inspired to think that even if they are arrested in such offences, the Courts are there to release them on bail.

(3.) The present application for grant of bail under Section 498 Cr.P.C. is moved by the arrested accused on thc ground that the victim Smt. Sudesh Kumari was married to Sohan Singh some five years back and she had not collectively spent more that three months in the petitioners house. That on 15-4-1994 all the petitioners including Kashmira Singh had gone out to attend a marriage in an adjoining village which is at a distance of 5 Kms. from their house, when Smt. Sudesh Kumari attempted to commit suicide by pouring kerosene oil upon herself. This act was done by Sudesh Kumari with a purpose to implicate the petitioners and aforementioned Kashmira Singh in a criminal charge. On their return, they found Smt. Sudesh Kumari with some burn injuries on her person, which were treated at home by the petitioners. Next day i.e. 16-4-1994, Sohan Singh petitioner No. 3 went to victim's parental house and made a complaint about her conduct. Thereupon, the victim with the intervention of her brother lodged a false report with the Police Station, Hiranagar. She remained in the hospital for a few days, and was discharged from the hospital after treatment. That the petitioners are law abiding citizens and undertake to abide by all the conditions to be imposed by this Court in case of exercise of discretion in their favour by granting concession of bail to them.