1 S.B. Cr. Misc. III Bail Application No. 1341/2008 (Kana Ram Vs. State of Rajasthan) Date of order : 29.04.2008 HON'BLE MR.H.R.PANWAR,J. Mr. I.R.Choudhary for the petitioner. Mr. S.K.Vyas, P.P. Heard learned counsel for the petitioner and public prosecutor for the State. Perused the order impugned and challan papers. It is contended by learned counsel for the petitioner that it was co-accused Ganesharam husband of the deceased who poured the kerosene oil over the deceased and put her on fire. Learned counsel further submits that on the relevant date of occurrence, the petitioner who is father-in-law was away from house in order to attend Sawamani a religious festival in the nearby area. It is further contended that Smt. Geeta and Biharilal have been granted bail by learned Sessions Judge, Churu. On careful perusal of the challan papers more particularly the dying declaration in the form of Parcha Bayan of the deceased, wherein she has categorically stated that her husband Ganesharam, brother-in-law (jeth) Shravanram, father- 2 in-law Kanaram, elder father-in-law (Bade Sasur) Biharilal and mother-in-law Geeta Devi, all assaulted her first in connection with demand of dowry and thereafter poured the kerosene oil over her and put her to fire and she suffered the extensive burn injuries and succumbed to the injuries. The dying declaration has been recorded in the presence of two persons namely Kundanmal and Nagarmal by Rajeev Shahar SHO Police Station Ratan Nagar who has been cited as witness at serial No.30 in the calendar of witnesses. On the basis of the dying declaration of the deceased, the FIR was registered and investigation ensued. However, during investigation the investigation deviated from the the Parcha Bayan. Be that as it may, the Parcha Bayan of the deceased which is in the form of dying declaration is on record and there is specific allegation against the present petitioner repeatedly in the dying declaration. In the circumstances, therefore, in my view, it is not a fit case to release the petitioner on bail. The third bail application filed by the petitioner under Section 439 Cr.P.C. is therefore, dismissed. The trial court is directed to record the statement of SHO Rajeev Shahar who recorded the Parcha Bayan of the deceased on priority basis. (H.R.PANWAR), J. rp