CRLMB3122/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. 2nd Bail Application No.3122/2010 Radha Kishan Vs. State of Rajasthan through Public Prosecutor Date of Order ::: 24.05.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Pankaj Gupta, Counsel for petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Heard learned counsel for petitioner as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case. This is second bail application filed by petitioner who is accused of committing offence under Sections 498-A and 304-B of the IPC. The first bail application of petitioner was dismissed as withdrawn by order of this Court dated 17.02.2010 with liberty to file fresh one after framing of charge. On the last date of hearing it was given out that the key witnesses, namely mother and father of deceased were not appearing despite various summons of the trial court but the learned counsel for the complainant submitted that on the next date i.e. 07.05.2010 they would appear. Accordingly their statements were recorded as PW-6 and PW-7, namely, Mohan Devi and Kishori Lal, respectively. Learned counsel for petitioner submitted that both, the mother and father of the deceased, have not supported the prosecution story. It was a subsequently developed story because the deceased in her dying declaration had clearly stated that she caught fire accidentally while cooking food. Learned counsel submitted that the CRLMB3122/2010 // 2 // trial against the petitioner i.e. husband of deceased, in any case is likely to result in his acquittal. Learned Public Prosecutor opposed the bail application but is not in a position to dispute the fact that mother and father of deceased have not supported the prosecution case and have been declared hostile. After considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to release the accused-petitioner, namely, Radha Kishan Son of Shri Budharam on bail under Section 439 Cr.P.C., in FIR No.342/2009, Police Station Nangal Rajawatan, District Dausa, provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so. The bail application stands disposed of. (Mohammad Rafiq) J. //Jaiman//