HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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)
The State of Rajasthan
For Petitioner(s) : Mr. K.S. Lodha.
For Respondent(s) : Mr. Arjun Singh, PP.
HON’BLE MR. JUSTICE SANDEEP MEHTA
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
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)
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.