Having considered the rival submissions made by learned counsel for both the parties and on perusal of record, it is evident that during course of trial the statements of P.W.2, Avinash Kumar Singh and P.W.3, Abhishek Kumar Singh who are real brothers of the deceased have been recorded, however, they have not supported the prosecution story at all and have been declared hostile. In their statements they have categorically stated that their sister was suffering from heart problem and even prior to her marriage she had made an attempt to commit suicide. However, when her condition improved they have solemnised her marriage. However, even after the marriage, she continued to suffer from the said heart ailment and on account of continuous medical treatment she was fed up with her life and has committed suicide by consuming some poisonous substance and the applicant has no role to play in the incident. Even the factum of demand of dowry and allegation of torture for nonfulfilment of dowry has also been denied by the said witnesses. On their attention being drawn to the statement shown to be recorded under section 161 Cr.P.C. both have categorically stated that they have not given any such statement to the police, however can not disclose the fact as to how the police has recorded such statement. The applicant has been confined in jail since 23.6.2018 and regularly cooperating in the process of trial. In the backdrop of the said facts and circumstances, I am of the view that applicant has made out a case for bail.
