Court No. 20
Crl Misc Case No. 52 (B) of 2010
Satya Prakash @ Soney Applicant
Vs
State of U.P. Opp. Party
Hon'ble Raj Mani Chauhan, J.
Learned A.G.A. files counter affidavit which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
The accused-applicant Satya Prakash @ Soney is involved in Case
Crime No. 162 of 2008, under Sections 498-A, 304-B I.P.C. and 3/4 D.P.
Act, from Police Station Arwal, District Hardoi.
The prosecution case as disclosed in the FIR in brief is that
complainant Amar Singh, son of Raj Bhadhur Singh, resident of village
Aera, Police Station Arwal, District Hardoi had married his daughter Sarita
Devi to accused Satya Prakash alias Soney (present applicant), son of Udai
Veer Singh, resident of village Khaddipur (Chian Singh), Police Station
Arwal, District Hardoi sometime three years back prior to the date of
occurrence. He as per his financial capacity had presented dowry to the
accused at the time and before the marriage. When his daugher went to her
marital home following her marriage, her husband Satya Prakash alias
Soney, her mother-in-law, sister-in-law, brother-in-law and Ram Prakash
Singh, uncle-in-law (Mausa) expressed their dissatisfaction over the dowry
presented by her parents to the accused. They put a fresh demand of Rs.
10,000/- in cash and one motorcycle from the deceased in the form of
dowry. When their demand was not fulfilled they started to harass and
torture her and lastly they on the night of 09.07.2008 set her ablaze for
dowry.
The submission of learned counsel for the applicant is that as per
version of the FIR, the complainant took back his daughter on 04.07.2008
to his house and he sent back her after four days to her in-laws house.
Learned counsel for the applicant contends that this fact is totally false. In
fact, Ram Naresh, brother of the deceased, complainant and two others on
the night of 4/5.07.2008 had enticed away Priyanka, sister of the accused.
The father of accused applicant Udai Veer Singh, had lodged FIR of the
occurrence on 21.07.2008. This fact is supported by the copy of order
passed by this Court in Writ Petition No. 6703 of 2008 (Ram Naresh and
others Vs State of U.P.) which shows that Ram Naresh and others had filed
above mentioned writ petition for quashing of the FIR on the ground that
Ram Naresh and Priyanka had voluntarily married. This Court was pleased
to stay the arrest of the accused during investigation. The complainant had
never complained earlier that the accused were making dowry demand from
the deceased. The complainant belongs to poor family while the accused is
landlord of 62 bighas land. Therefore, it will be most unnatural that accused
would have demanded one motorcycle and Rs. 10,000/- in cash from the
deceased. The deceased got seriously humiliated and depressed on the
episode that her brother had taken away her sister-in-law (Nanad), therefore
she committed suicide herself. Learned counsel for the applicant contends
that it was a case of purely suicidal death not dowry death. Although the
accused is husband of the deceased but it was a case of suicidal death.
Therefore, the accused applicant deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant
and the learned Additional Government Advocate. Keeping in view the
totality of the facts and circumstances of the case, without expressing any
opinion on the merits of the case, applicant may be released on bail.
Let applicant Sayta Prakash @ Soney be released on bail in aforesaid
case crime number on his furnishing a personal bond with two sureties each
in the like amount to the satisfaction of the court concerned.
06.01.2010
Renu/-