Bhagirath Vs. State - Court Judgment

Excerpt:
criminal procedure code - section 439--ball and penal code--section 302, 304b & 498a--dowery death--prima facie material regarding demand of scooter--maltreated & harassed wife--cause of death coma, asphyxia and fracture of occipital skull bone--held, there is no ground to grant bail;prima facie, there is evidence collected by the i.o. to the effect that the petitioner and his family members had demanded a scooter and rs. 20,000/- as dowry and they used to harass and maltreat her. on 4.5.96 smt. sita devi died in abnormal circumstances. the doctor, who conducted post mortem examination has opined that the cause of her death was coma and asphyxia as a result of fracture of occipital bone of skul1.;i do not find any valid and substantial ground to grant bail to the petitioner.;bail not granted - rajendra saxena, j.1. this is third bail application filed on behalf of the petitioner, whose earlier bail applications have been rejected by this court's orders dated 19.8.96 & 23.9.96. now the learned trial judge vide order dated 8.11.96 after perusing the evidence collected by the investigating officer has framed charge for offence under section 302 ipc and in the alternative for offence under section 304b & 498a ipc against' the petitioner who is the husband of deceased sita devi. the learned trial judge has also rejected the bail application of the petitioner.2. i have heard and perused the challan papers and other relevant record deceased sita devi was married on 8.5.95 to the petitioner. prima facie, there is evidence collected by i.o. to the effect that the petitioner and his family members had demanded a scooter and rs. 20,000/- as dowry arid they used to harass and maltreat her. on 4.5.96 smt. sita devi died in abnormal circumstances. the doctor, who conducted post mortem examination has opined that the cause of her death was coma and asphyxia as a result of fracture of occipital bone of skull.3. therefore, keeping in view all the facts and circumstances of the case, at this stage i do not find any valid and substantial ground to grant bail to the petitioner. however, the learned trial judge is directed to expedite the trial of this case at the earliest convenience.4. accordingly, this bail application stands dismissed.