Badam Bai vs State Of Madhya Pradesh

This is first bail application filed by the applicant-Badam Bai under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.286/2020 registered at Police Station-Suthaliya, District-Rajgarh (Biaora) (MP) for the offence punishable under Sections 306, 498-A and 34 of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961.

As per prosecution story, the deceased-Krishna Bai who was married to Bhagwansingh (husband) had committed suicide by jumping in a well. The reason for committing suicide was harrassment meted out to her on account of demand of dowry by her husband and the present applicant who was her mother-in-law. Accordingly, case has been registered against them.

Counsel for the applicant submits that marriage had taken place in the year 2006 and Gavna had taken place in the year 2012 and the incident occurred on 13.07.2020. He has read out the dehati nalisi report in which the father of deceased namely; Babulal has stated that he has received an information that her daughter Krishnabai had died due to drowning. Thereafter when he reached the house of in-laws, he found the dead body of deceased-Krishna Bai (his daughter) and thereafter as per dehati nalisi report it has been stated that Krishna Bai was treated with cruelty by her husband after consuming liquor and therefore she may have committed suicide because of such harassment meted out to her. Counsel for the applicant submits that it was only later on, after the merg statement was recorded, that the name of present applicant - Badam Bai has come out along with that of the husband of the deceased. Both of them used to demand motorcycle and other items from Krishna Bai as dowry and therefore feeling so harrassed, she committed suicide. The applicant is in jail since 13.08.2020 and the conclusion of trial would take considerably long time. With these submissions bail has been sought.

Counsel for the Non-Applicant/State was also heard who has opposed the bail application.

Considered.

Charge-sheet has since been filed in the matter.

After due consideration of the facts and circumstances of the case and mainly the submissions made by Counsel for the Applicant, without making any opinion on merits of the case, the application filed by applicant - Badam Bai is allowed. The applicant is directed to be released on bail on her furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of the like amount to the satisfaction of Trial Court/Committal Court for her regular appearance before the Trial Court/Committal Court during trial with a condition that she shall remain present before the Court concerned during trial.

Miscellaneous Criminal Case No.36559 of 2020 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.