PRATHVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail has been filed by the applicant under Sec. 439 of the Cr.P.C. in connection with FIR No. 324/2021 registered at Police Station Sardarshahar, District Churu for the offences under Ss. 498A, 304B, 302 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) Mr. Mahalana, learned counsel for the applicant invited Court's attention towards the charge-sheet and pointed out that charge-sheet has been filed alleging offence under Ss. 304B and 498A of the IPC committed by the applicant regardless of the fact that allegation of harassment and demand of dowry is not supported by any cogent evidence.

(3.) Learned counsel raised a fundamental argument that the applicant cannot be prosecuted for offence under Sec. 304B of the IPC because neither in the postmortem report nor in the statement given by the doctor in the Court, it has come on record that the deceased died an unnatural death or she has committed suicide.