Katori And Others 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 applicants are apprehending their arrest in connection with Crime No.292/2023 registered at Police Station Kailaras, District Morena for the offence punishable under Sections 304B, 498-A of IPC and under Section 3/4 of Dowry Prohibition Act.

Prosecution case in brief is that the applicants are mother and sister-in- law (Bhabhi) of co-accused Ravi Kushwah who was married to the deceased Laxmi on 30.4.2021. After marriage, the applicants and co-accused Ravi Kushwah along with other co-accused persons started demanding an amount of Rs.1,00,000/- and a motorcycle as dowry from the deceased and her parents and when their demands were not fulfilled, they started harassing the deceased physically and mentally due to which on 20.6.2023, she committed suicide by hanging.

Learned counsel for the applicants submits that admittedly incident took place on 20.6.2023 and merg statements of deceased's parents were recorded on 17.7.2023 and prior to 17.7.2023 no complaint was made against the applicants and other co-accused persons with regard to demand of dowry and dowry demand cruelty. Deceased's father in his merg statement specifically stated that about 5-6 days prior to the incident when his daughter called him and he had gone to meet with her, she told that her husband i.e. co-accused Ravi Kushwah have assaulted her. There were no specific allegations against the applicants. Omnibus allegations with regard to dowry demand cruelty have been made against them. Their custodial interrogation is not required. Trial will certainly take time to conclude therefore, under such circumstances, applicants are entitled for grant of anticipatory bail.

Learned Public Prosecutor for the State has vehemently opposed the prayer and submits that deceased's father and other family members have specifically stated in their statements recorded during merg enquiry as well as during investigation that the applicants along with other co-accused persons harassed the deceased mentally and physically due to which she committed suicide within seven years of her marriage. Nature of allegations allegations alleged against the applicants are of serious in nature, therefore, the applicants are not entitled to be enlarged on anticipatory bail.

Having considered the rival submissions, material pointed out by learned counsel for the applicants with regard to the date of incident and the date of merg statement of deceased's parents so also the nature of allegations alleged by the deceased's parents and other witnesses against the applicants, without commenting on the merits of the case, the application is allowed.

It is directed that in the event of arrest of the applicants, they shall be released on bail upon their furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety in the like amount each to the satisfaction of the Arresting Officer for their 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 disposed of, accordingly.

Certified copy, as per Rules.