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Judgment
V.M. Jain, J.
Initially a case under Section 304B/498A, IPC, was registered. Subsequently, during investigation, a D.S.P. submitted a report dated 14.5.1999 to the effect that no offence under Sections 304B/498A, IPC has been made out and only a case under Section 306, IPC, is made out against the accusedpetitioners. They have applied for the grant of anticipatory bail.
Learned counsel for the accusedpetitioner has submitted that occurrence took place on 30.4.1998. The deceased died on next day after making a dying declaration. He has submitted that in the said dying declaration, she has specifically stated that there was no fault of any person with regard to the said occurrence. Learned counsel for the petitioners further submitted that at that time father of the deceased and Bua of the deceased had also made statements before the police and no allegations of any kind were made against the accusedpetitioners. He has further submitted that later on, the present F.I.R. was registered on the complaint of mother of the deceased.
After hearing both sides and perusing the records, it is directed that in case of arrest in this case, the accusedpetitioners shall be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/ with one surety in the like amount each to the satisfaction of the Arresting Officer. It is, however, directed that the petitioner shall join the investigation as and when called upon to do so; shall not tamper with the prosecution evidence and shall not leave India without prior permission of the Court.
Bail allowed.