Ram Jiwan Sahu and Another vs State of Jharkhand

Jaya Roy, J.—Heard learned Counsel for the appellants, learned Counsel for the State and learned Counsel for the informant.

The instant I.A. has been filed for grant of bail to the appellant No. 2, Umesh Sahu, who is the husband of the deceased, Rita Devi. Lower Court Records was called for which has been received. Perused the Lower Court Records.

From perusal of the Lower Court Records, I find that the A.S.I. who was making inquiry into the U.D. case, has clearly stated in his self statement i.e., exhibit 7 on the basis of which FIR was drawn, that from the beginning stage of the inquiry the relatives and the parents of the deceased were suspicious of having hand of her-in-laws and her husband in committing her murder. But, the said A.S.I. had asked them to have patience. Finally when he was convinced, FIR was lodged. The explanation given by the accused persons about the death of Rita Devi that she died for taking some pills to get rid her pregnancy as she was pregnant, but it has been found incorrect. Exhibit 5, the postmortem report and exhibit 5/1, the reports submitted by the doctor, show that there were numbers of ante-mortem injuries on the body of the deceased and she was not pregnant also. Therefore, the death of Rita Devi was not under normal circumstance.

From the evidences of PWs 1, 2, 3, 4 and 5, it appears that these witnesses have fully supported the prosecution case. Demand of dowry has also come in the evidence. The evidence of the father of the deceased shows that she had informed him that she was being tortured and humiliated also. She had further informed her parents that if the demand of dowry is not fulfilled, she would be done to death. Exhibits, the letter written by Rita Devi, shows that the accused persons used to extend mental and physical torture to her by demanding dowry. They had threatened her even to the extent of performing second marriage of her husband, Umesh Sahu, the present applicant.

It has further come in evidence that on the alleged date of occurrence the husband of the deceased was in the house. When the father of the deceased and other persons reached there, they found the body of Rita Devi lying on the ground and she was wearing only a blouse, and Jhahgia. They found some injuries on her body also. The place where the body was lying, was already washed by cow-dung.

Taking into consideration all these facts and the entire evidences of the prosecution witnesses, in totality and considering the submissions made on behalf of the appellant No. 2 and also on behalf of the informant, I am not inclined to grant bail to appellant No. 2, Umesh Sahu, the husband. Accordingly the prayer for bail of the appellant No. 2 is rejected. The aforesaid I.A. application thus stands rejected.