Smt. Seema Devi vs State of M.P.

S.K. Gangele, Judge

Heard. This is first application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

Applicant is apprehending her arrest in connection with Crime No.11 of 2012 registered against her at Police Station Aswar, District Bhind for an offence punishable under Sections 498A and 304B read with Section 34 of IPC.

The applicant is jethani, wife of elder brother of husband of the deceased. The allegation against the applicant along with other co-accused is that they had subjected to the deceased with cruelty and harassment in regard to demand of dowry and poured kerosene on her and set her on fire as a result of which the deceased died.

It is submitted on behalf of the applicant that the applicant has been living separately. She has been falsely implicated in the case. She has two sons. Hence, prayed for grant of anticipatory bail.

Learned Panel Lawyer for the respondent-State opposed the application and prayed for its rejection.

Looking to the aforesaid facts of the case and also considering the fact that the applicant is a lady and jethani of the deceased and she is living separately, but without expressing any opinion on the merit of the case, the application is hereby allowed. It is directed that in case of arrest applicant Smt. Seema Devi be released on bail on her furnishing a 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 the Arresting Officer, with the condition that as and when she be required, she will appear before the Investigating Officer and shall co-operate in the investigation. The applicant shall also abide by all the conditions as enumerated u/s 438(2) of Cr.P.C

A copy of this order be sent to the concerned Police Station and Court for necessary information and compliance. CC as per rules.