Narayan Ram vs State on 10 October, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8565 / 2017
Narayan Ram S/o Kesha Ram, By Caste Nai, Residing of Ward No.
3, Kalu, Bikaner (Raj.) (Presently Lodged At Central Jail, Bikaner)
—-Petitioner
Versus
The State of Rajasthan
—-Respondent
__
For Petitioner(s) : Mr. K.S. Lodha.
For Respondent(s) : Mr. Arjun Singh, PP.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Order
10/10/2017

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

The instant bail application under Section 439 Cr.P.C. has

been preferred on behalf of the petitioner who is in custody in

connection with F.I.R. No.56/2016, registered at Police Station

Kalu, District Bikaner for the offences under Sections 498A and

304B IPC.

The investigating officer, after concluding investigation, has

recorded a categoric finding in the charge-sheet that the

deceased Suman was suffering from epilepsy and was provided

regular treatment at Bikaner as well as Jaipur by her matrimonial

relatives. She rarely went to her father’s house. Her sister Sanju

was married to the petitioner’s brother Shri Omprakash. In her

statement recorded under Section 161 Cr.P.C., Sanju categorically
(2 of 2)
[CRLMB-8565/2017]

alleged that her mother-in-law Saraswati mixed some poisonous

substance in curd and administered the same to Smt. Suman on

consuming which, she became unwell. She was taken to the

hospital and was provided treatment but could not survive. Smt.

Saraswati has been enlarged on bail. There is hardly any

significant allegation of the prosecution witnesses regarding any

demand of dowry being made by the present petitioner from the

deceased soon before her death.

Considering the fact that bail application filed on behalf of

the co-accused Saraswati under Section 439 Cr.P.C. against whom

there appear to be graver allegations in the statement of star

prosecution witness Sanju has been accepted by this Court, the

petitioner too deserves to be released on bail.

Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is directed that the petitioner Narayan Ram arrested

in connection with the F.I.R. No. 56/2016, registered at Police

Station Kalu, District Bikaner shall be released on bail provided he

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.

Tikam/32

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