Judgment:
ORDER
Hari Shankar Prasad, J.
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. Further case of the prosecution is that soon after marriage husband of his daughter and in laws always demanded car and money and always pressurized his daughter for money. In order to save his daughter from assault and torture, he paid Rs. 4.00 lacs in 25 installments in the hands of mother in law of his daughter. Some amount has been paid through bank draft and cheque. His daughter used to inform near relatives about the torture being committed on her. For the last three months his daughter was always claiming that her mother-in-law, father-in-law and husband are demanding 50,000/- dollars as her brother has got employment in America and in case of failure to make payment, she will be murdered and her mama will not help her. Earlier she was beaten by her husband to such an extent that her eardrum was torn. She was not suffering from any kind of disease and on 13.10.2004 a conspiracy was hatched up and she was done away with and her dead body was to be disposed of quickly but on getting information from the neighbourer he came to Ranchi and gave information to the police. The delay in lodging of the FIR is attributed to the fact that informant was waiting for arrival of his son from America and after his arrival from America he lodged this written report.
4. 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, IPC and offence under Section 304-A, IPC is bailable in nature and maximum punishment under Section 498-A, IPC 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.
5. On the other hand, learned counsel appearing for the informant submitted that this is a case of murder for non-fulfillment of demand of dowry and he referred to statement of informant and submitted that he has paid money 25 times totaling Rs. 4.00 lakh on a number of occasions to her sasural people and when his son got employment in the USA, then greedy nature of the sasural people and husband of the deceased developed to such an extent that pressure was being put on the deceased to demand fifty thousand dollars from her father. Learned counsel further submitted that several witnesses have corroborated this fact that on the deceased Sanjana Verma, there was pressure for bringing money from her naihar, in this connection several witnesses, not only father of the deceased but even her maternal uncle and aunt, have stated and also driver of the informant have stated about the bad nature of this petitioner towards money which he used to extort from his sasural on the ground that he will not commit torture on Sanjana Verma and in order to save his daughter from torture, the informant went on paying money but there was limit to payment to his daughter and greedy eyes and nature of the sasural people of the deceased Sanjana Verma and particularly of husband rose to such an extent that it was felt that when they will commit torture, then message will go to her naihar and money will come from there. In this connection, learned counsel referred to the statement of one E.N.T. specialist. Sanjana Verma was suffering from defect in the ear and when he examined Sanjana Verma, he found the eardrum was torn and on query she told the doctor that her husband had assaulted her and when the doctor again put question, she kept mum and even a ward boy attending on her in the Ambulance Van also gave statement to the extent that when she was being taken to the hospital by the Ambulance Van. Oxygen was being administered to keep her alive, but each time this petitioner used to remove the pipe of the oxygen and when the attending ward boy protested, then the petitioner said that he is the husband of the deceased and he has more anxiety for his wife, it goes to show that petitioner was trying to create such a scene in order to ensure death of his wife and when she reached hospital, she had died and did not survive for sometime and ultimately she died.
6. Admittedly, charge-sheet has been submitted under Sections 304-A and 498-A, IPC, although earlier It was registered under Section 302, IPC but the I.O. after thorough investigation submitted charge-sheet under Section 304-A, IPC on the ground that death occurred due to negligence and not due to intentional lapse on the part of the sasural people or her husband. But the facts which have come on record, clearly indicate that dowry was the main reason and the informant had paid lump-sum amount towards meeting demand of sasural people of the deceased Sanjana Verma. Although, the cause which has been attributed for filing this case by the petitioner is that the maternal grand father of the surviving children wants that son and daughter be handed over to him for upbringing but on inquiry, it appeared that no such case for their custody has been filed on behalf of the maternal grand father of the children.
7. From the materials which have come on record, it clearly indicates that torture was being committed and this is not a case under Section 304-A, IPC; rather it is a case under Section 302, IPC. In that view of the matter, I am not inclined to enlarge the petitioner on bail and his prayer for bail is rejected.