1 S.B.Cr.Misc. Bail App. No.3829/2007 (Poota Ram & Ors. Vs. State of Rajasthan) Date of order : August 29, 2007 HON'BLE MR.H.R.PANWAR,J. Mr.B.S.Rathore, for the petitioners. Mr.V.R.Mehta, Public Prosecutor. Heard learned counsel for the petitioners and the Public Prosecutor for the State. Perused the order impugned and the challan papers. I have carefully gone through the statements of the witnesses recorded by the police under section 161 Cr.P.C. Almost all the witnesses of the prosecution stated that the deceased and her husband, petitioner No.1 have been residing separately and the petitioner No.2, who is brother-in-law (Dewar) and petitioner No.3, mother-in-law have been residing separately. It also came in the statements of the witnesses that in absence of her husband, as he is a labour in mines at Jodhpur, the deceased used to go to the house of one Bhikha Ram, who, in relation, is father in law (Kaka Swasur) of the deceased and used to stay as also he was visiting term to the deceased, which was objected by the petitioners No.2 and 3. Be that as it may, 2 since the petitioners No.2 and 3 have been residing separately and it is an admitted fact that deceased used to go to the house of Bhikha Ram, while her husband was at Jodhpur and the fact that the deceased and her husband had been residing separately, I consider it just and proper to enlarge the accused petitioners on bail. Accordingly, the bail application filed under Sec. 439 Cr.P.C. is allowed and petitioners Poota Ram s/o Mohan Ram, Anada Ram s/o Mohan Ram and Smt. Saayari w/o Mohan Ram be released on bail in CR. No.85/2007, P.S. Osian, Distt. Jodhpur provided each of them furnishes a personal bond in a sum of Rs.20,000/- with two sound and solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of learned trial court for his/her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (H.R.PANWAR),J. m.asif/-