HITESH VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) FACTS leading to the filing of this application is that Prem Chandra Verma lodged an FIR with Argora P.S., Ranchi alleging, inter alia, therein that his daughter Sanjana Verma was married with petitioner Hitesh Verma on 4.4.93 according to Hindu rites and customs and after marriage his daughter lived in her sasural together with her husband (petitioner) and in -laws. His son -in -law is posted in CCL as Sales Officer and his elder daughter has two children; first son is aged about 9 years and second daughter is about 5 years.

(3.) LEARNED counsel appearing for the petitioner submitted that this is a fit case for grant of bail on the ground that the charge -sheet has been submitted under Sections 304 -A and 498 -A, Indian Penal Code and offence under Sec.304 -A, Indian Penal Code is bailable in nature and maximum punishment under Sec. 498 -A, Indian Penal Code is three years and the petitioner has already remained in custody for about six months and, therefore, petitioner deserves bail. Learned counsel further submitted that the petitioner deserves bail on the other ground also because most of the witnesses have not supported the case of the prosecution regarding torture and demand of dowry, etc. In this connection, he submitted that even son of the deceased aged nine years has made statement before the police that there was no strained relationship between his father and mother and both of them were living very peacefully and the allegation made by his maternal grand father is not correct. Even daughter of the deceased aged six years has not supported the case made out by the informant who is none else than her maternal grand father and she has also stated before the police that relationship between her mother and father were very cordial one and there was no occasion of any complaint of this nature that dowry was being demanded or her mother was being pressurized for bringing money from her naihor. Learned counsel further referred to several paragraphs of the case diary as well as of supplementary case diary and submitted that all those persons who are well connected with the family have made statement before the police about cordial relationship between the deceased and her sasural people. In this connection, learned counsel referred to Para 14 of the case diary wherein statement of a tenant Sangita Singh was recorded in which she did not support the case of the prosecution and she has stated that she had occasion to meet the deceased but she never complained about ill - treatment of her sasural people with her. Learned counsel also referred to postmortem report and submitted that fracture of ribs has been found by the doctor who conducted postmortem examination on the dead body of deceased but the opinion of the doctor is that due to cardiac massage for which pressure is exercised, ribs can be fractured and it is not that due to assault, ribs can be fractured. In this connection, he placed before me opinion of the doctor. He further submitted that deceased Sanjana Verma was a chronic patient and she always remained under treatment of several doctors and in this connection, he referred to Para -28 of the case diary in which statement of Dr. Chandinath Sahay has been recorded wherein he has stated that he had treated the deceased Sanjana Verma for some years, but for the last one year she was not treated by him. He also referred to Para -30 of the case diary wherein statement of shopkeeper has been recorded who has made statement in this Para that he used to supply medicine to deceased Sanjana Verma but he never saw any kind of trouble in between the husband and wife. He also referred to several paragraphs of the supplementary case diary and submitted that all the persons either neighbourers or those who were working in the house of the deceased, have spoken in one voice about the good relationship between husband and wife and her sasural people. In this connection, he referred to several paragraphs of the case diary such as Para -52 which contains statement of daughter of the deceased, Para -54, 55, 56 and 59 and tried to show good relationship between the husband and the wife (deceased) and sasural people.