HARIOM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is second bail application preferred under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in a case arising out of First Information Report bearing No. 402/2012, registered at Police Station, Kaithun, District Kota Rural for commission of offence punishable under Section 304 -B I.P.C.

(2.) ON 19.11.2003 this Court had dismissed the first bail application preferred on behalf of the petitioner by passing the following order : -

(3.) MR . Anil Upman, the learned counsel appearing for the petitioner, has submitted that the landlord and landlady have turned hostile to the prosecution case. Counsel further submitted that the landlord and landlady, in their statement recorded under Section 161 Cr.P.C. had alleged that since the husband/petitioner was partially impotent on this account deceased had committed suicide.