Sorambai vs State Of M.P

Shailendra Shukla, J

This is an application under Section 439 of Cr.P.C. for grant of bail.

Applicant â€" Sorambai W/o Shambhusingh is implicated in Crime No.244/20 registered at Police Station â€" Barawada, District Ratlam for the

offence punishable under Section 304-B, 498-A, 34 of IPC and under Section 3 & 4 of Dowry Prohibition Act and she is in custody since 21.12.2020.

Learned counsel for the applicant has submitted that there is no particular allegation made against the present applicant and that there are omnibus

statements made against the applicant.

As per the prosecution story, deceased Shyamu Bai who was married 3 years prior to the incident of suicide, was being harassed for dowry and the

applicant and her family members were demanding payment of instalment from the family members of the deceased in respect of tractor purchased

by the applicant.

Learned counsel for the applicant has submitted that the incident had occurred on 1.10.2020 and the report was lodged on 22.10.2020. He has further

submitted that no allegations have been made against the present applicant and the charge sheet has been filed.

Learned Public Prosecutor for the State was also heard who has opposed the application. He has submitted that the matrimonial uncle of the

deceased namely Kalusingh had gone to the matrimonial house of the deceased, where the deceased was wanting Kalusingh to take her to her

parental house and had also kept the mobile of Kalusingh with herself and after Kalusingh left, sometime thereafter the deceased had committed

suicide. He submits that under such circumstances bail application is liable to be rejected.

It would be appropriate to peruse the case diary.

Let the case diary be sent through email.

Order shall be passed after perusal of the case diary.

Later on :-

Case diary was perused.

Kailash Bai (mother of the deceased) and another relative of deceased namely Bhagwan Singh, in their statements under Section 164 Cr.P.C. as also

under Section 161 Cr.P.C., have stated that Shyamu Bai made no complaints against her in-laws for about one year after her marriage which was

solemnized 3 years earlier. However, she started making complaints about illtreatment by her in-laws who were demanding dowry in the form of

repayment of loan instalments of tractor purchased by them and were also demanding share of deceased Shyamu Bai in her landed property, to which

she was entitled. The in-laws were given Rs.50,000/- twice but they were still not satisfied and were demanding more amount. The deceased

continued to make complaints about illtreatment on mobile and when she used to come to her parental house, she showed her disinclination to go back

to her matrimonial home. A day prior to her death, Kalusingh came over to meet the deceased and the deceased took his mobile phone and was

wanting to go back to her parental house with him, however her in-laws declined to send her and thereafter deceased committed suicide.

In view of the material available on record, the factum of harassment of deceased on account of dowry is reflected and death has occurred within 7

years of her marriage. After due consideration, no case is made out for grant of bail to the applicant.

The application stands rejected.