Khatoon Bee vs The State Of Madhya Pradesh

This is first bail application filed by applicants Khatoon Bee & Haji Salamuddin under Section 439 of the Cr.P.C., who has been arrested on

25/04/2018 in connection with Crime No.230/2018 registered at Police Station City Kotwali, District Khandwa for the offence punishable under

Sections 304-B, 302, 306, 323/34, 498-A of the IPC.

As per prosecution case on 25/04/2018 at 3:00 A.M. co-accused Irshad son of applicants and brother of co-accused Shabnam @ Munnibai and

Moinuddin informed the Police that he lived at Solah Kholi Ganj Bazar, Khandwa (West) along with his younger brother co-accused Moinuddin and

his wife (deceased) Sadiya Bee. In the night at 2:00 A.M. when co-accused Moinuddin woke up, he saw the door of the bathroom bolted from the

inside and smoke was coming out from the bathroom. On that co-accused Moinuddin shouted and on hearing it, applicants and other co-accused

persons also came there. Thereafter, he broke the glass of the door of the bathroom and saw that Sadiya Bee was burning. Then, he opened the door

of bathroom and took her out and called Dr. Mubarik, who declared her dead. On that Police registered inquest No.151/2018. In the investigation, it

was found that on the date of incident applicants and co-accused Moinuddin, Irshad and Shabnam @ Munni Bai were at home and applicants along

with co-accused persons assaulted her wife Sadiya Bee, due to which she sustained injuries and thereafter set her ablaze after pouring kerosene, due

to which she sustained burn injuries and died. It was also found that the deceased died within five years of her marriage and applicants along with co-

accused persons used to harass her. On that Police registered Crime No.230/18 and arrested the applicants and co-accused Moinuddin, Irshad and

Shabnam @ Munni Bai.

Learned counsel for the applicants submitted that the applicants are innocent and have falsely been implicated in the matter. According to prosecution

the only eyewitness of the incident is Hasan, son of deceased Sadiya Bee. Hasan in his statement recorded by the learned JMFC under Section 164 of

the Cr.P.C. only stated that on the fateful night co-accused Moinuddin assaulted deceased Sadiya Bee by knife. At that time applicants and co-

accused Shabnam @ Munni and Irshad were also present. Thereafter co-accused Moinuddin dragged her to the upper floor of the house, where he

set her on fire. From his statement only what appears is that co-accused Moinuddin murdered deceased Sadiya Bee. From his statement it does not

appear that the applicants were also involved in the crime. Even otherwise according to prosecution story and the circumstantial evidence collected by

the prosecution during investigation it appears that deceased Sadiya Bee committed suicide due to some dispute with her husband. In the case diary

statement of her mother, father and other witnesses it is not mentioned that the applicants and other co-accused persons demanded dowry or harassed

her. Regarding harassment the only allegation against the applicants and other co-accused is that the wife of co-accused Irshad had died leaving

behind her six daughters and the liability of nursing of those daughters was on deceased Sadiya Bee, due to which she was annoyed and quarrel

occurred between deceased and co-accused Moinuddin on the date of incident. From these evidence also it does not appear that the applicants

murdered deceased Sadiya Bee or they harassed her. The applicants are in custody since 25/04/2018. The charge-sheet has been filed and conclusion

of the trial will take considerable time. On the aforesaid grounds learned counsel prayed that the applicants be enlarged on bail.

Learned counsel for the State and objector opposed the prayer stating that deceased Sadiya had died within five years of her marriage in the house of

applicants and at the time of incident applicants and other co-accused persons i.e. Moinuddin, Irshad and Shabnam @ Munni Bai were also present in

the house. In the statement of Hasan, who is son of deceased Sadiya Bee it is clearly mentioned that on the fateful night co-accused Moinuddin

assaulted deceased Sadiya Bee by knife and at that time applicants were also present. He also told that they dragged her to the upper floor of the

house and co-accused Moinuddin set her ablaze. From the statement of Hasan, it is clear that the applicants and co-accused Moinuddin, Irshad and

Shabnam @ Munni Bai murdered Sadiya Bee. From the investigation it also appears that co-accused Irshad wrongly informed the Police about the

incident, which shows that the applicants were also involved in the crime and murdered Sadiya Bee. From the statements of parents and other

witnesses also it appears that the applicants along with other co-accused persons harassed deceased Sadiya Bee, who died in suspicious

circumstances within five years of her marriage and her death is unnatural. In the postmortem report, it is clearly mentioned that other injuries besides

burn injuries were also found on her body. It is alleged that deceased Sadiya Bee committed suicide in the bathroom situated at upper floor of the

house, while according to spot

inspection report blood was also found on stairs, bathroom and ground floor of the house. These circumstances also shows that the applicants and co-

accused persons after assaulting deceased Sadiya Bee dragged her to upper floor, where they set her ablaze after pouring kerosene, so they should

not be released on bail.

From the evidence collected by the prosecution during investigation, it appears that deceased Sadiya Bee died in the intervening night of 24-25/04/2018

due to burn injuries within five years of her marriage. She was either murdered or she committed suicide. On the date of incident co-accused

Moinuddin beat her and also dragged her to the upper floor of the house, where she died due to burn injuries. On the date of incident applicants were

present in the house. In the postmortem report of deceased, it is mentioned that beside burn injuries, other external antemortem injuries were also

found on her dead body. It also appears from the statements of her parents that the wife of co-accused Irshad had died leaving behind her six

daughters and the liability of nursing of those daughters was on deceased Sadiya Bee, due to which she annoyed and quarrel occurred between

deceased and co-accused Moinuddin on the date of incident. It is also alleged that applicants were wealthier than the parents of the deceased Sadiya

Bee, so they used to taunt deceased Sadiya Bee about this matter and used to humiliate her. In the statement of child witness recorded by the JMFC

under Section 164 of Cr.P.C. it is not mentioned that applicants also assaulted deceased Sadiya Bee and it is also not specifically mentioned that they

dragged her or set her on fire. Only what is mentioned is that co-accused Moinuddin assaulted her and set her on fire. There is no allegation against

them that they demanded dowry or harassed her for dowry.

Applicants are the parents-in-laws of the deceased, who are in custody since 25/04/2018. The charge-sheet has been filled and conclusion of trial will

take time, so looking to the facts and circumstances of the case, without commenting on the merits of the case the application is allowed and the

applicants are directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety

each in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be

fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :

The applicants will comply with all the terms and conditions of the bond executed by them ;

The applicants will cooperate in the trial;

The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicants shall not commit an offence similar to the offence of which they are accused;

The applicants will not seek unnecessary adjournments during the trial; and

The applicants will not leave India without previous permission of the trial Court.

Certified copy as per rules.