Rekha & Ramkuwar vs State Of MP

This is an application filed by the applicants under Section 438 Cr.P.C. for grant of anticipatory bail.

Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced for perusal and it is accordingly perused.

The applicants are apprehending their arrest for an offence punishable under Section 306/34 IPC registered with Police Station Mahidpur District Ujjain in Crime No.287/20.

Counsel for the applicants submits that applicant no.1 Rekha is the daughter-in-law of brother-in-law of deceased whereas applicant no.2 Ramkuwar is wife of brother-in-law of deceased. He further submits that the main allegation in the complaint is that Satyanarayan had committed suicide because his wife Prembai was residing in the in-laws house and was not coming back and that certain amount was given by the deceased to his in-laws which was also not refunded. He further submits that since there is no material in respect of abetment therefore offence under Section 306 of IPC is not made out. He has also submitted that Satyanarayan had earlier mistreated and beaten his wife therefore, at the instance of his wife FIR dated 13/12/2019 was registered against Satyanarayan for offence under Section 323, 294 and 506 of IPC. He further submits that applicants are ladies and there is no material in respect of commission of offence under Section 306 IPC against the applicants, therefore, if arrested they will suffer serious prejudice. In support of his submissions he has relied upon the judgments of this Court in the matters of Babbi @ Jitendra and others Vs. State of MP reported in 2008 (2) MPHT 160; Vivek Kumar Jain and another Vs. State of MP and others reported in 2015 (1) MPHT 75; and Goutam Singh Karoliya and another Vs. State of MP & others reported in 2019(1) MPLJ (Cri.) 265.

Counsel for the State has opposed the bail application and has referred to the FIR allegation as also the statement of Ankit son of deceased recorded under Section 161 of Cr.P.C.

Having regard to the submission of counsel for parties and the material which has been pointed out and also taking note of the fact that prima facie there is no material in respect of abetment by the applicants, I am of the opinion that a case for grant of anticipatory bail to the applicant is made out.

Accordingly the bail application is allowed and it is directed that in the event of the applicant's arrest, in connection with Crime No.287/20, the applicants be released on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) each with separate surety of the like amount to the satisfaction of Station House Officer of the Police Station concerned. The applicants are further directed to appear before the Investigating Officer within a period of two weeks from today. They would abide by the conditions mentioned in Section 438(2) Cr.P.C.

Certified copy as per rules.