Smt Sushila @ Radha vs State on 1 June, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 4169 / 2017
Smt. Sushila @ Radha W/o Shri Rampratap, Aged About 45 Years,
By Caste Bishnoi, Resident of Sanwatsar, Tehsil-Sridungargarh,
District-Bikaner. (Presently Lodged At District Jail-Bikaner)
—-Petitioner
Versus
The State of Rajasthan Through the Public Prosecutor.
—-Respondent
__
For Petitioner(s) : Mr. Prakash Bhati
For Respondent(s) : Mr. Deepak Choudhary, P.P.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
01/06/2017

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in custody in connection

with F.I.R. No.81/2016, Police Station Seruna Dist. Bikaner, for the

offences under Section 498A and 304-B/34 IPC.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material on record.

The petitioner is the mother in law of the deceased Smt.

Ramkaushalya who was married to petitioner’s son Babulal. At the

same time Kavita, sister of Ramkaushalya was married to Sunil,

the younger son of the petitioner. Ramkaushalya jumped into a

dry well on 6.9.2016 and committed suicide. The F.I.R. was lodged

by Mangilal, brother of Ramkaushalya with the allegation that

Bhanwarlal (Mami Sasur of the deceased) used to instigate the
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[CRLMB-4169/2017]

petitioner and Sunil to demand money from Ramkaushalya. Being

purturbed thereby Ramkaushalya ended her life.

On going through the statements of the witnesses examined

during investigation, it is apparent that none of the prosecution

witnesses have stated as to the quantum of money allegedly

demanded by the petitioner from the deceased. The petitioner is a

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woman. General allegations are levelled against her in statements

of the maternal relatives of the deceased.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, this Court is of the opinion that the petitioner

deserves to be released on bail.

Consequently, the bail application is allowed. It is ordered

that the accused-petitioner, Smt. Sushila @ Radha arrested in

connection with F.I.R. No.81/2016 P.S. Seruna, Dist. Bikaner shall

be released on bail; provided she furnishes a personal bond of

Rs.50,000/- and two surety bonds of Rs.25,000/- each to the

satisfaction of the learned trial court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

(SANDEEP MEHTA), J.

/sushil/

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