Hariom Jatav vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Heard with the aid of case diary.

This is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.288/2023 registered at Police Station Kolaras, District Shivpuri (M.P.) for the offence punishable under Sections 304-B, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act.

Prosecution case, in brief, is that applicant's brother Chandrabhan was married to the deceased Sonam on 06.05.2022. After marriage, applicant along- with with her brother Chandrabhan and other co-accused person started demanding a motorcycle, box and gold jewellery from the deceased as dowry and harassing her physically and mentally, due to which, on 21.08.2023, she committed suicide by hanging.

Learned counsel for the applicant submits that applicant's brother co-accused Chandrabhan along-with his wife deceased Sonam was living separately. It has no where specifically been alleged against the applicant that she demanded motorcycle, box and gold jewellery from the deceased or her parents. After about five days of the incident, on 26.08.2023, first time deceased parents made omnibus allegations with regard to demand of dowry and dowry demand cruelty against the applicant and co-accused persons. Applicant is a lady having three minor children. Her custodial interrogation is not required. Co-accused Smt. Girja Bai has already been enlarged on anticipatory bail vide order dated 21.09.2023 passed by this Court in M.Cr.C. No.42049/2023. Under such circumstances, applicant is entitled for grant of anticipatory bail on the ground of parity also.

Learned counsel for the State has opposed the prayer and submits that prior to her death, deceased told her father about the harassment made by the applicant and other co-accused persons. The offence alleged against the applicant is heinous in nature, therefore, no case is made out for grant of anticipatory bail.

6 . Having considered the rival submissions, material pointed out by learned counsel for applicant, statement of the father of deceased, Kalyan Singh recorded during investigation as well as on the ground of parity and other facts and circumstances of the case, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

1 It is directed that in the event of arrest of the applicant, he shall be released on bail upon furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

M.Cr.C. stands allowed and disposed of, accordingly.

Certified copy, as per Rules.