HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 8356 / 2017
Narpat Singh S/o Bhanwar Singh, By Caste Rajput, Resident of
Shekhasar, Presently Nehru Colony, Bap, P.S. Bap, District
Jodhpur. (In Judicial Custody At Sub Jail, Phalodi, District Jodhpur)

—-Petitioner
Versus
The State of Rajasthan

—-Respondent
__
For Petitioner(s) : Mr. J.S. Choudhary, Sr. Advocate with Mr.
N.S. Bhati
For Respondent(s) : Mr. Deepak Choudhary, Public Prosecutor.
For Complainant(s): Mr. R.S. Chouhan.

__
HON’BLE MR. JUSTICE P.K. LOHRA
Order
26/10/2017

The petitioner, father-in-law of deceased Bhanwar Kanwar,

who died within a short span of her marriage, has laid this post-

arrest second bail application under Section 439 Cr.P.C., arising

out of CR Case No.92/2016 of Police Station Baap, District Jodhpur

under Section 439 Cr.P.C. In the FIR, besides petitioner, two

other accused persons are castigated for offence punishable under

Section 498A, 304B, 201 IPC.

Police after investigation has submitted chargesheet in the

matter against him and two other persons viz., Chhelu Singh alias

Chailendra Singh – son of present petitioner and Smt. Baby

Kanwar – wife of petitioner.

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The first bail application of the petitioner bearing

No.11485/16 was dismissed as not pressed on 15 th of December

2016.

Mr. J.S. Choudhary, learned Senior Counsel, submits that

allegations of subjecting deceased to cruelty or harassment in

connection with any demand for dowry in the FIR and police

statements of complainant Bhawani Singh are omnibus. Learned

Senior Counsel would, therefore, contend that basic ingredient for

constituting offence of “dowry death” within the meaning of

Section 304-B IPC is conspicuously missing in the matter. Learned

counsel has urged that the complainant has improved his version

in the police statement from the one recited in FIR. Learned

counsel has further submitted that mother in law of deceased

Baby Kanwar has already been granted bail in the matter.

Learned counsel argued that demand of car or dowry soon before

death is missing in the matter and the allegations levelled in this

connection are onmibus. Learned Senior Counsel has submitted

that no injury was found on the body of deceased and the FSL

report of viscera also gave negative test for metallic poisons,

ethyle and methyle alcohol, cyanide, alkaloids, barbiturates,

tranquillizers and insecticides. Lastly, learned Senior Counsel

would contend that after rejection of first bail application there is

substantial change in the circumstances.

Per contra, learned Public Prosecutor submits that death of

Bhanwar Kanwar was within thirteen months of marriage and

offence under Section 304-B IPC is prima facie made out against
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the petitioner. Learned Public Prosecutor submits that allegations

of cruelty or harassment for demand of dowry are very much

discernible from FIR as well as the statements of witnesses

recorded by police and therefore offence under Section 304-B IPC

is clearly made out against the petitioner.

Mr. R.S. Chouhan, learned counsel appearing for the

complainant, has reiterated the arguments advanced by learned

Public Prosecutor. Learned counsel has urged that prima facie

offence of demand for dowry immediately before death is available

so as to constitute offence under Section 304-B IPC. Learned

counsel submitted that looking to the short duration of matrimony,

i.e. 13 months, and unnatural death of deceased with requisite

evidence of dowry demand, presumption under Section 113-B of

the Indian Evidence Act 1872 attracted in the matter.

I have bestowed my consideration to the arguments

advanced at the Bar and perused the materials available on

record.

Unnatural death of a lady during subsistence of matrimony

in tiny span of 13 months coupled with allegations of cruelty or

harassment with demand of dowry cannot be underplayed at this

stage while considering bail plea of the petitioner. The statement

of uncle of deceased Narpat Singh s/o Dhan Singh cannot be

ignored wherein she soon before her death she showed fear of her

killing on account of not giving dowry in the marriage, which is

corroborated by the statement of complainant. Otherwise also, at

the stage of considering bail application, Court is not expected to

scrutinize evidence so minutely with precision.

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In view of foregoing discussion, while refraining to make any

comment on merits, in the backdrop of facts and circumstances of

the case, I feel disinclined to enlarge the petitioner on bail.

Resultantly, bail application fails and same is hereby

dismissed.

(P.K. LOHRA)J.