Lalti Bai vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under section 438 of the Code of Criminal Procedure for grant of anticipatory bail on behalf of the applicant who is

apprehending her arrest in connection with Crime No.328/21 registered at Police Station, Barhi, District Katni for offences under sections 304-B, 498-

A, 201, 34 of the Indian Penal Code and sections 3/4 of Dowry Prohibition Act.

As per prosecution case, the marriage between the son of the applicant and deceased-Surekha Singh was solemnized in the year 2018. The deceased

was harassed and victimized on account of non-fulfilment of demand of dowry by her in-laws and hence, she committed suicide by consuming

poisonous substance at her matrimonial home. Therefore, the Police registered aforesaid offence against the accused persons including the applicant.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is mother-

in-law of the deceased who is aged about 62 years. The applicant was residing separately for last 2 years from her son and deceased/daughter-in-law

and had no concern with their day-to-day affairs. Due to Covid-19 pandemic the trial would take time. Therefore, the applicant be enlarged on

anticipatory bail.

Learned Panel Lawyer has opposed the prayer for anticipatory bail. Considering the over all facts and circumstances of the case, the applicant is lady

aged about 62 years, she was living separately from the deceased, the main allegation is against the accused/husband and trial would take considerable

time and without commenting on merits of the case, the application is allowed.

It is directed that in the event of arrest of applicant-Smt.Lalti Bai by the Police/Arresting officer in the aforesaid crime, he shall be enlarged on bail on

her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of

the Arresting officer (Investigating Officer) for her regular appearance before the Police during the investigation or before the Court during trial. It is

directed that the applicant shall abide by the conditions enumerated under Section 438(2) of Cr.P.C. It is made clear that the applicant shall appear

before the Investigating Officer as and when she is so directed and cooperate with the investigation and shall also appear before the trial Court, failing

which this bail order shall automatically stand cancelled without further reference to the Court.

Accordingly, the application for grant of anticipatory bail is allowed.