HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
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.
State of Rajasthan
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
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)
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
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.