Nagma And Anr vs State Of Madhya Pradesh

Heard.

This is first application under Section 438 of Cr.P.C. The applicants are apprehending their arrest in connection with Crime No.397/2019, registered at Police Station - Aishbag, District Bhopal for commission of offence punishable under Sections 498-A, 316/34 of the IPC and under Section ¾ of the Dowry Prohibition Act.

The case of the prosecution against the applicants in short is that complainant was married with Shavar Khan. She was blessed with the one child out of that wedlock. But, when she conceived the second child, the applicant along with the other relatives started demanding Rs. 2 ½ lakhs and pressurized her to bring that money from her parents and also started beating and harassing her. When she was pregnant with second time, applicants along with the other relatives beat her and expelled her from the matrimonial house on 02.06.2019. Since that she is living with her parents. Her parents got admitted her in private hospital; where, by operation, a dead child has been removed. She lodged a report on 12.06.2019 against the applicants.

Learned counsel appearing on behalf of the applicants submits that the second child did not develop in the uterus but in other tube that was dangerous to the life of the complainant. She got admitted for that and by way of operation, the doctor removed the child. Being aggrieved by that, she lodged a false report against the applicants. He further submits that the applicants have no connection with the crime. He further submits that the mother-in-law of the complainant has already been enlarged on anticipatory bail by this Court vide order dated 13.09.2019 in M.Cr.C. No. 33496/2019, therefore, he prays for grant of bail to the applicants.

Learned Panel Lawyer for the respondent/State vehemently opposes the bail application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicants, this Court is inclined to enlarge the applicants on anticipatory bail, therefore, the application filed by the applicants is allowed.

It is directed that the applicants shall appear before the concerned Police Station and concerned Investigating Officer on or before 4.11.2019. It is directed that in the event of arrest, the applicants - Nagma and Siraj be released on bail, on their executing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) and furnishing one solvent surety each in the like amount to the satisfaction of Arresting Authority/Trial Court.

They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

If the applicants does not appear before the Court concerned on or before 04.11.2019 the order passed by this Court shall stand cancelled.

Certified copy as per rules.