ROHIT SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner, Rohit Singh and three others have been sent for trial for commission of offences under Section 304-B and 498-A RPC before the court of learned Additional Sessions Judge, Kathua. Trial arises in FIR No. 27/2016 of Police Station, Hiranagar. Charges have been framed by the trial court vide its order dated 08.04.2017. Charge against the petitioner is that his wife, Radha Sharma, committed suicide in her house on 18.03.2017. This incident occurred within 7 years of her marriage with the petitioner and soon before her death she was subjected to cruelty by the petitioner and the other accused, who are his family members. It was unanimously stated by the learned counsel on each side that framing of charge under Section 304-B RPC has been assailed before this Court, on one hand by the mother of the deceased as her grievance is that charge should have been framed under Section 302 RPC and on the other hand by the petitioners as according to them commission of offence under Section 304-B is not prima facie made out.

(2.) After filing of the charge-sheet, the trial court vide its order dated 11.06.2016 passed in the bail application filed on behalf of the accused persons has admitted the three co-accused, Narinder Singh, Neena Kumari and Kuldeep Singh, to bail but has refused bail to the petitioner, who is, therefore, in judicial custody. Hence this application for bail before this court.

(3.) Heard learned counsel for the petitioner, Mr. J. S. Jasrotia and the learned AAG, Mr. L.K.Moza, appearing on behalf of the State.