High CourtsSingle Bench(2008) 02 RAJ CK 0005

Dhuma Devi vs State

Rajasthan High Court · Decided on 11 February 2008 · Citation: (2008) 2 WLN 243

HON’BLE JUDGES
Ajay Rastogi, J
CASE NUMBER
Criminal Miscellaneous Bail Application No. 7099 of 2007

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Judgment

4 paragraphs · 173 words

AJay Rastogi, J.—Heard learned Counsel for applicant as well as the learned Counsel for complainant and Public Prosecutor; and perused the material/record made available for perusal at the time of arguments.

2.

Challan has been filed for offences under Sections 302/304-B/498A/120/ 120B IPC against present applicant who is mother in-law of deceased (Nisha). From statements of father and relatives of the deceased and so also of those who are neighbours residing nearby residence of her in-laws family, recorded u/s 161 Cr.P.C., which have been read over by Public Prosecutor and as per post mortem report, the deceased died because of strangulation and in the site plan shown to this Court, height of the ceiling in the room (place) where deceased was lying at relevant time, was only 5ft.

3.

Taking into consideration all the facts and circumstances and without expressing any opinion on merits of the case, this Court does not find justification for grant of post-arrest bail u/s 439, Cr.P.C. to accused applicant (Smt. Dhuma Devi).

4.

Consequently bail application stands dismissed.