Ramkhilona vs State of M.P.

D.K. Paliwal, J.—Heard. Perused the case diary

This is first application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 28/2013 registered at Police Station, Rawatpura, District Bhind, for the offence punishable under Sections 306 and 498A/34 of IPC.

As per prosecution case, marriage of the deceased took place with the applicant about two months ago. The deceased has committed suicide by pouring kerosene oil on her and setting herself on fire in her parents house. Sister of the deceased has informed at police Station, Rawatpura, upon which Merg No. 6/13 u/s 174 of Cr.P.C. was recorded. During enquiry, it was found that marriage of the deceased was performed two months ago. She remained 5-6 days in her matrimonial home. When father-in-law of the deceased was taking the deceased to her parents house, her husband gave Rs. 400/- to her for expenses. She asked for Rs. 1,000/-, but her husband refused, then she torn Rs. 400/- given by her husband. On this, her father-in-law told the applicant that why he is worrying, he will perform his second marriage. On 13.7.13 applicant went to bring back the deceased. Both husband and wife were in a room. The noises of their quarrel were coming out. The husband has given beating to the deceased, however, the deceased was ready to accompany him, but at 4 p.m. applicant left the deceased''s parents house without saying anything. On account of it, deceased became nervous and on the next day, committed suicide.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. He has not instigated the deceased to commit suicide. Prima facie no case is made out u/s 306 of IPC. The applicant is 22 years old person. He has no criminal antecedents. Co-accused has been granted bail. The applicant is in custody since 21.7.13 and trial will take some time. Hence, prayed for bail.

The prayer is opposed by learned Public Prosecutor submitting that prior to the alleged incident, quarrel took place between the husband and wife and the deceased was beaten by the applicant. Hence, prayed for dismissal of the application.

Taking into consideration the entire material, coupled with the fact that when deceased was leaving her matrimonial home, applicant gave Rs. 400/- to the deceased, but she was not satisfied and asked for Rs. 1,000/- and on refusal, she torn the notes as well as the fact that applicant came to bring her back and she was ready to accompany the applicant, but on account of the fact that applicant left the deceased''s parents house without informing her, she became nervous and committed suicide on the next day, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

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

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance. C.c. as per rules.