RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record of the case.

(2.) A case under Section 304-B of Indian Penal Code (for short 'IPC') has been registered and charge-sheet has been filed against the accused petitioners.

(3.) Learned Counsel for petitioners submits that marriage took place almost 10 years back from the date of occurrence, thus a case under Section 304-B, IPC is not made out against the petitioners. Hence, on that ground alone, the petitioners are entitled for grant of bail. A reference of the judgment of this Court in the case of Heera Ram v. State, 2000 CrLR 505 has been given to show that 'Muklava' is not considered to be a date of marriage for the purpose of reckoning period of 7 years in view of the provisions of Section 304-B, IPC and the case of the present petitioners is covered by the aforesaid judgment.