High CourtsSingle Bench

Radheshna vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 21 April 2021 · Citation: (2021) 04 MP CK 0067

HON’BLE JUDGES
Sujoy Paul, 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.20201 Of 2021
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Judgment

11 paragraphs · 289 words

Sujoy Paul, J

Shri Ashish Joshi, learned counsel for the applicant. Shri Amit Singh Sisodiya, learned Government

Advocate for the respondent / State.

With the consent, finally heard.

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.302/2021 registered at Police Station - Rajendra Nagar, District - Indore for the offences registered under Sections 498-A, 304-B, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The applicant is in jail since 04.04.2021.

Learned counsel for the applicant submits that daughter-in-law of applicant Rohini (who is wife of another co-accused - Gaurav person and sister of deceased) is in the family way. Her due date of completion of pregnancy is between 22.04.2021 to 25.04.2021. The applicant being her mother-in-law wants to take care of her so that during pregnancy period, all possible assistance is provided to her. Most likely it will be a cesarean case. In this backdrop, applicant's assistance is required. She may be given bail in order to discharge her aforesaid obligation. Deceased and Rohini were sisters. The applicant has been falsely implicated. Hence, she may be enlarged on bail.

The prayer is opposed by the learned Government Advocate for the respondent / State. He submits that as per verification report dated 21.04.2021, other family members including women are available to look after Rohini.

I have heard the parties at length.

In view of the verification report, the other family members are there to look after the welfare of Smt. Rohini. This includes women family members. Thus, no case is made out for grant of bail.

M.Cr.C. is accordingly, dismissed.

Certified copy, as per Rules.