Neetu vs State on 8 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 6764 / 2017
Neetu widow of Late Shri Kaluram, aged 32 years, by caste
Harijan, Resident of Nawal Nagar, Ratanada, Jodhpur. Presently
residing at Madhobagh, Harijan Basti, Jalori Gate, Jodhpur.

—-Petitioner
Versus
State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. D.K. Gaur.

For Respondent(s) : Mr. Pankaj Awasthi, Public Prosecutor.
For Complainant(s) : Mr. S.S. Nirban.
__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
08/11/2017

Petitioner has laid this pre-arrest bail application while

apprehending her arrest pursuant to investigation into FIR

No.128/2017, registered at Police Station Ratanada, District

Jodhpur. In the FIR besides petitioner her brother Praveen is

charged for offence punishable under Sections 498A 304B IPC.

It is argued by learned counsel that petitioner has been

falsely implicated in the matter due to some ulterior motive.

Learned counsel further submits that being sister-in-law of

deceased she has neither perpetrated cruelty on the deceased for

demand of dowry nor caused any harassment to her. Lastly,

learned counsel has urged that allegations in the FIR are omnibus

and are not inspiring confidence, therefore, it would not be

appropriate to subject the petitioner to custodial interrogation.

(2 of 2)
[ CRLMB-6764/2017]

Per contra, learned Public Prosecutor has argued that while it

is true that petitioner is sister-in-law of deceased but after her

husband’s death she is living with her parents and there was direct

nexus of her in the commission of offence. Learned Public

Prosecutor has also argued that there is evidence to this effect tht

she has harassed the deceased for demand of dowry. It is also

submitted by learned Public Prosecutor that unnatural death of the

deceased Ms. Meena within six months of marriage and prima

facie allegation of demand of dowry and perpetrating cruelty on

her by petitioner is sufficient to thwart her pre-arrest bail

application.

Learned counsel appearing for the complainant has also

vehemently opposed the pre-arrest bail application.

I have considered the submissions made at the Bar and

perused the case diary.

Having regard to the facts and circumstances of the case and

taking into account the alleged criminal delinquency of the

petitioner and her prima facie nexus with the charged offences,

while refraining to make any comment on merits of the case, I feel

dissuaded to grant her pre-arrest bail application.

Consequently, the pre-arrest bail application fails and same

is hereby dismissed.

(P.K. LOHRA)J.

Twinkle Singh/109

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