IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.BAIL APPLICATION NO.7568/2010 Lad Bai Vs. State of Rajasthan Date of order : 25/8/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sushil Sharma for the petitioner. Shri Piyush Kumar, P.P. for the State. ****** Heard learned counsel for the petitioner, learned Public Prosecutor for the State and perused the relevant documents placed before me. Contention of the learned counsel for the petitioner is that offence u/s 308 IPC has been added in the FIR registered at the instance of complainant, whereas, in fact all the injuries sustained by injured Barsi Bai and Udai Singh are simple in nature. Most of the injuries are lacerated wounds and abrasions. It is contended that the dispute is in between the close relations and the offence does not travel beyond Section 323 IPC. Learned Public Prosecutor has opposed the bail application. However, he was not in a position to dispute the correctness of the factual submissions made above. Having regard to the submissions made at the bar, the nature of accusation against the petitioner, the materials collected so far during the course of investigation and all other facts and circumstances of the case, I deem it just and proper to grant the indulgence of pre-arrest bail to the petitioner. In the result, this bail application u/S.438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Ladbai W/o Shri Kanhaiyalal in FIR No.98/2010, P.S. Kawai, District Baran he shall be released on bail by the concerned SHO/Investigating Officer, provided she furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to his satisfaction on the following conditions: - 1) that the petitioner shall make himself available for interrogation by a police officer as and when required; 2) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or any police officer; and 3) that the petitioner shall not leave India without previous permission of the Court. (MOHAMMAD RAFIQ), J. Thanvi