HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
The State of Rajasthan Through the Public Prosecutor.
For Petitioner(s) : Mr. Prakash Bhati
For Respondent(s) : Mr. Deepak Choudhary, P.P.
HON’BLE MR. JUSTICE SANDEEP MEHTA
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
(2 of 2)
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
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.