High CourtsSingle Bench

Rajkumar Thakur And Others vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 10 April 2024 · Citation: (2024) 04 MP CK 0067

HON’BLE JUDGES
Vishal Dhagat, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 34, 304B, 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 14064 Of 2024
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Judgment

17 paragraphs · 427 words

@JUDGEMENTTAG- JUDGEMENT

Vishal Dhagat, J

1.

This is the first bail application filed on behalf of the applicants under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of arrest, in connection with Crime No.146/2024, registered at Police Station Station Ganj, District-Narsinghpur (M.P.) for the offences punishable under Sections 304-B, 498-A, 34 of IPC & Section 3/4 of Dowry Prohibition Act.

2 . Learned counsel appearing for the applicants submitted that only general allegations are made against applications. Applicants are father-in-law and mother-in-law of deceased. In these circumstances, applicant may be enlarged on anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that deceased-Sandhya was married on 27.04.2022, she died within two years of her marriage on 10.02.2024. On date of her death, she has called her father and informed him that all the family members are harassing her for demand of dowry and, thereafter, she committed suicide. In these circumstances, applicants may not be released on anticipatory bail.

4.

Heard the learned counsel for the parties.

5.

During course of arguments, it is informed to Court that deceased was suffering from Aids and her care is being taken by applicants and their family members. She may be depressed. Only general allegations are made.

6.

Considering the totality of facts and circumstances of the case, anticipatory bail application filed by the applicants is allowed on following conditions :

( i ) applicants will appear before Investigating Officer within seven days after being released on bail and cooperate in investigation of the case ;

(ii) applicants will attend the trial regularly and will not seek unnecessary adjournments except for exceptional circumstances.

7.

It is directed that in the event of arrest of applicants in connection with the aforesaid crime number and the offences, they be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with two solvent sureties each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

8.

Applicants shall abide by the following conditions under Section 438(2) of Cr.P.C:-

(a) Applicants shall make himself available for interrogation by a Police Officer as and when required;

(b) they shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) They shall not leave India without the previous permission of the Court;

(d) They shall not commit similar offence, of which, They are accused or suspected.

9.

Certified copy as per rules.