JITENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material available on record.

(2.) The petitioner(s) has/have been arrested in FIR/CR No. 259/2018 of Police Station Bhinmal, Distt. Jalore for the offence(s) punishable under Sec. (s) 498-A and 304-B IPC. He/she/they has/have preferred this/these bail application(s) under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that daughter of the complainant committed suicide on 10/4/2018 by hanging herself. The complainant was informed and he also reached at the house of the petitioner and on his request, post-mortem of the dead body of his daughter was conducted wherein, the cause of death was found as hanging. It is further submitted that after the said incident, on 8/8/2018 i.e. after a delay of about four months, a complaint was filed by the complainant in the court of ACJM, Bhinmal and on whose instructions, an FIR was registered and after investigation, the police have filed charge-sheet against the petitioner for the offences punishable under Secs. 498-A and 304-B IPC. Learned counsel for the petitioner has submitted that in the charge-sheet, the police have concluded that as the petitioner went to Balotra for earning his livelihood while leaving the deceased at his house in the village, she was purturbed and on account of that, she committed suicide. It is submitted that thought the allegation of dowry has been levelled by the parents of the deceased and other witnesses but no specific date and time have been mentioned regarding the said demand. It is submitted that from the charge-sheet, it is clear that at the time when the deceased committed suicide, the petitioner was not present at home and he was far away in Balotra. It is submitted that charge-sheet has been filed in the matter and trial of the case is likely to take time.