JUBEDA (MST.) AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the impugned order passed on 25.1.2006, the Judicial Magistrate (1St Class) No. 2, Sujangarh allowed the application of the State filed under Sec. 437(5), Criminal Procedure Code., in Criminal Case No. 85/2005 and issued warrant of arrest cancelling the bail granted earlier to the petitioners. Aggrieved against the said order, the petitioners -have filed the present petition under Sec. 482, Criminal Procedure Code. praying for restoration of the bail bonds.

(2.) Facts of the case indicate that F.I.R. was registered with police at P.S. Chhapur (Distt. Churn) alleging offence against the petitioners under Sec. 498-A, Indian Penal Code. The petitioners preferred application for bail under Sec. 437, Criminal Procedure Code., and they were allowed bail.

(3.) It is alleged in the F.I.R. registered on the complaint of Salma Bano, daughter-in-law of Petitioner No. 1 Smt. Jubeda and sister-in-law of Petitioner No. 2 Khatija that the petitioners gave ill-treatment to her and always used to say that Arif (husband of the complainant) would contract nikah with another girl despite the fact that her husband Arif was ready and willing to keep her. As per allegation, on 25.5.2005, at about 7.00 A.M., both the petitioners entered into her room and poured kerosene upon her and lit fire which resulted in serious burn injuries sustained by her. After investigation, the police filed challan under Sec. 498-A, Indian Penal Code. on 29.6.2005 specifically mentioning that no offence under Sec. 307 Indian Penal Code., is made out against the accused. Before that, on 27.6.2005, the petitioners were granted bail under Sec. 437, Criminal Procedure Code.