SAT PAL, J - (1.)This is a petition under section 439 of the Criminal Procedure Code for release of the petitioner on bail.
(2.)As per the allegations made in the FIR, lodged at the instance of the brother of the deceased, the petitioner was married to Sadhna in the year 1986. It has been alleged that the petitioner used to have quarrel with the deceased over dowry. On 14th July, 1991 the petitioner had a quarrel with his wife in the presence of the complainant and during the quarrel the deceased is alleged to have stated that on the earlier day also the petitioner had a quarrel with the deceased and had even picked up the knife to hit her. When the deceased informed her brother about the said incident, the petitioner is alleged to have retorted that if she would trouble him, he would do the same. lt has further been alleged that thereafter the deceased Sadhna went upstairs and set herself on fire. In his effort to save his sister, the complainant also got some burns in his hands but he could not save her.
(3.)Mr. Sud, the learned counsel for the petitioner drew my attention to the statements of the complainant Shri Rajesh, Shri Nathu Ram, Smt. Babita (sister of the deceased) and Shri Jai Bhagwan. He contended that the allegations of dowry made by the aforesaid persons was of general nature and no specific allegation of dowry has been made against the petitioner. He further submitted that the deceased had been married, to the petitioner about six years before the date of occurrance and during this period she was not keeping good health and could not conceive any child and because of these masons she might have committed suicide. He also submitted that the grandmother of the deceased, who had performed the marriage ceremony of the deceased, has not been shown as a witness. The learned counsel also submitted that as per DD No.25 dated 14th July, 1991 (In- petitioner also got burn injuries in his hands while trying to save the deceased. The learned counsel also submitted that there was unexplained delay in lodging the FIR.