High CourtsSingle Bench

Kamla Bai vs State Of MP

Madhya Pradesh High Court · Decided on 12 January 2021 · Citation: (2021) 01 MP CK 0039

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 304B, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.1528 Of 2021
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Judgment

14 paragraphs · 262 words

G.S. Ahluwalia, J

This Third Application under Section 439 of CrPC has been filed for grant of bail. First application was dismissed as withdrawn by order dated

22/10/2020 passed in MCRC No.41279/2020. Second application was dismissed by order dated 07/12/2020 passed in MCRC No. 48641/2020.

The applicant has been arrested on 04/09/2020 in connection with Crime No.417/2020 registered at Police Station Chanderi, District Ashok Nagar for

offence under Sections 498-A, 304-B, 34 of IPC and under Section 3 /4 of the Dowry Prohibition Act.

It is submitted by the counsel for the applicant subsequent to the rejection of second bail application, this Court has granted bail to co-accused Bhagat,

the elder brother-in-law (jeth) of the deceased, by order dated 05/01/2020 passed in MCRC No.50683/2020.

Considered the submission made by the counsel for the applicant.

The allegations are that the father of the deceased had expired in a vehicular accident and a FDR of Rs.2,50,000/- was prepared in the name of the

deceased in compliance of award passed by Claims Tribunal, therefore, the applicant and co-accused were demanding the said amount and the

deceased was being harassed due to nonfulfillment of their demand.

The applicant is the mother-in-law of the deceased. Her status in the family is different from that of the elder brother-in-law (jeth) of the deceased. In

the light of the judgment passed by the Supreme Court in the case of Taramani Parakh vs. State of M.P. and anr. reported in (2015) 11 SCC 260 no

case is made out for grant of bail. The application fails and is hereby dismissed.