Kali Bai vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No. 341/2021 registered at Police Station - Pathariya, District- Damoh for the

offences punishable under Sections 498-A and 306/34 of the Indian Penal Code.

Allegation against the present applicant is that she used to harass and torture her daughter-in-law Bebi Lodhi demanding dowry because of which she

committed suicide 01.06.2021 by hanging herself.

Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the matter. The applicant is mother-in-law of the

deceased. As alleged, the son of the applicant used to demand dowry but the present applicant never demanded any dowry from the deceased. The

compromise between the family members with the deceased took place twice and after the compromise the deceased was living in matrimonial home.

Learned Panel Lawyer for the State has strongly opposed the prayer for grant of anticipatory bail.

I have heard learned counsel for the parties. The applicant is mother-in-law of the deceased aged about 55 years. The main allegation is against the

son of the applicant i.e. husband of the deceased who used to assault the deceased for demand of dowry. Considering the overall facts and

circumstances of the case, without commenting on the merit of the case, the application is allowed.

It is directed that in the event of arrest, applicant Kali Bai shall be enlarged on bail on her furnishing a personal bond in a sum of Rs.50,000/-(Rupees

Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer for her appearance before him during the course of

investigation or before the trial Court, during trial, as the case may be.

It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.