Hur Khatu vs State Of Rajasthan
2021 Latest Caselaw 5666 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 2226/2021

Smt. Hur Khatu W/o Late Shri Ramjan Khan, Aged About 49 Years, By Caste Musalman, R/o Pagiyo Ki Dhani, Phalodi, Police Station Phalodi, District Jodhpur.

(At Present Lodged In Sub Jail Phalodi, District Jodhpur).

----Petitioner Versus The State Of Rajasthan through the Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Deepak Menaria For Respondent(s) : Mr. A.R. Choudhary, P.P.

For Complainant(s)         :     Mr. Nishant Bora



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                           Judgment / Order

25/02/2021

Heard learned counsel for the parties and also perused the

material on record.

The petitioner has been arrested in FIR No.41/2021 of Police

Station Phalodi, District Jodhpur for the offences punishable under

Sections 498-A and 304-B IPC. She has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation against the petitioner of demanding dowry is absolutely

false. It is argued that the daughter of the petitioner was married

to the brother of the deceased, who happened to be the

daughter-in-law of the petitioner and in such circumstances, it is

difficult to comprehend that there was any demand of dowry on

(2 of 2) [CRLMB-2226/2021]

the part of the petitioner. It is further submitted that the deceased

committed suicide while drowning herself in the water tank on

account of some trivial family dispute. It is also submitted that the

petitioner is a lady and in judicial custody.

Learned Public Prosecutor as well as learned counsel for the

complainant have opposed the bail application.

Having regard to the totality of the facts and circumstances

of the case and after perusing the case diary, without expressing

any opinion on the merits of the case, I deem it just and proper to

grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is

allowed and it is directed that petitioner - Smt. Hur Khatu W/o

Late Shri Ramjan Khan shall be released on bail in connection with

FIR No.41/2021 of Police Station Phalodi, District Jodhpur

provided she executes a personal bond in a sum of Rs.50,000/-

with two sound and solvent sureties of Rs.25,000/- each to the

satisfaction of learned trial court for 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.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.26

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