Jaidev Singh vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application.

Perused the case diary.

This is first bail application u/s 439 of Cr.P.C.

The applicant has been arrested in Crime No. 244/2013 registered at Police Station Porsa, District Morena for the offence punishable under Sections 304-B and 498-A of IPC.

As per prosecution case Lakhan has lodged the report that his daughter-in-law was cooking food, suddenly she caught fire and died. Merg intimation was recorded. During enquiry it was found that the marriage of the deceased was performed with the applicant on 20-21, February, 2008. After marriage, her husband, mother-in-law used to demand motorcycle and a gold chain and used to harass her due to non-fulfillment of demand. In the year 2009, the deceased was beaten by mother-in-law and her husband and a report Crime No. 257/09 was registered. In that case, the husband and mother-in-law have agreed that not to demand dowry and harass the deceased in future. The compromise took place. But, after deceased gave birth to a second child again the deceased was harassed regarding demand of dowry. The deceased died under suspicious circumstances within seven years of her marriage.

It is submitted that the applicant has not committed any offence. There is no specific allegation. Prima facie, no case is made out u/s 304-B of IPC. Deceased has left two sons 4 years and 2 1/2 years old. Applicant is under custody since 30.7.2013. Trial likely to take time. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Public Prosecutor.

As per postmortem report, 90 % I and II degree ante mortem burn has been found. In the postmortem report, it is mentioned that kerosene was found present on the hairs of the head of the deceased. In the seizure memo, the hairs of the head of the deceased has been seized in which smell of kerosene was coming. Father of the deceased has stated in his case diary statement deceased used to told them that her husband and mother-in-law demanded motorcycle and a gold chain.

Considering the death of the deceased taken place in her matrimonial home and in the merg intimation it was mentioned that suddenly, clothes of the deceased caught fired but presence of kerosene oil has been found over hairs of the head of the deceased, hence, applicant is not entitled for bail. However, considering that applicant is under custody since 30.7.2013 and the order-sheets of the Sessions Trial dated 4.6.2013 reveals that not a single witness has been examined, so far summons were not returned hence the presiding Officer sought explanation of the S.H.O. and the witnesses have been summoned bailable warrant, it is directed that the Trial Court ensure that the expeditious trial preferable within three months.

Petition is dismissed with the aforesaid observation.