Madhya Pradesh High Court

MCRC/1398/2024 of RAIVANTIBAI Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 1398 of 2024

BETWEEN:-

1.RAIVANTIBAI W/O MADANLAL NAGPURE, AGEDABOUT 60 YEARS, OCCUPATION: HOUSE WIFE R/OP.S. & TEHSIL KHAIRLANJI DISTRICT BALAGHATABOUT 60 YEARS, OCCUPATION: HOUSE WIFE R/OP.S. & TEHSIL KHAIRLANJI DISTRICT BALAGHAT

(MP)

2.MADANLAL S/O DASHRATH NAGPURE, AGEDABOUT 65 YEARS, OCCUPATION: FARMER P.S. &TEHSIL KHAIRLANJI DISTRICT BALAGHAT(MADHYA PRADESH)ABOUT 65 YEARS, OCCUPATION: FARMER P.S. &TEHSIL KHAIRLANJI DISTRICT BALAGHAT(MADHYA PRADESH)

(BY SHRI SANJAY SHARMA - ADVOCATE )

.....APPLICANTS

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KHAILRANJI DISTRICT BALAGHAT (MADHYA

PRADESH)

(BY SMT. SONALI SHRIVASTAVA - PANEL LAWYER )

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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ORDER

This is the second bail application filed by the applicants underSection 439 of the Code of Criminal Procedure for grant of regular bailrelating to FIR No. 258/2023 dated 30.9.2023 registered at Police StationKhairlanji, District Balaghat (M.P.) for the offence punishable underSections 304-B/ 34 of IPC. Applicants are in detention since 30.9.2023.

2. Their first bail application was dismissed as withdrawn and notpressed vide order dated 19.12.2023 passed in M.Cr.C. No.47808/2023.

3. As per the prosecution story, deceased Roshni's marriage wasperformed with Kailash Nagpure on 17.2.2023. She committed suicide on 3.9.2023 by consuming some poisonous substance. In inquiry andinvestigation it is stated by the parents of the deceased that she was beingtortured and harassed in connection with demand of dowry of Rs. One Lacand one motorcycle. FIR was registered. After investigation, charge sheethas been filed.

4. Learned counsel for the applicants have submitted that applicants have not committed any offence. They are innocent. They have beenfalsely implicated. Allegations are against husband and not against theapplicants who are in-laws of the deceased. It is further submitted thatbefore death, deceased statement were recorded and in her statementrecorded by the police, deceased has specifically stated that she consumedinsecticides as she was beaten by the husband. She has not stated anythingagainst the present applicants. Therefore, it is prayed that the applicantsmay be released on bail.

5. On the other hand, learned counsel for the State has opposed grantof bail.

6 . I have gone through the deceased statement recorded in herlifetime under Section 161 of Cr.P.C.. Applicants are in-laws. Afterinvestigation charge sheet has already been filed. Having taken intoconsideration all the facts and circumstances of the case but without expressing any opinion on the merit of the case, I am of the view that it is acase in which further pretrial detention of the applicants/accused is notwarranted. Consequently, bail application under Section 439 of the Codeof Criminal Procedure for grant of bail filed on behalf of applicants, standsallowed.

7. It is directed that applicants - Raivantibai and Madanlal bereleased on bail on their furnishing a personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount each to the satisfaction of the trial Court, for theirregular appearance before the trial Court during trial with a condition thatthey shall remain present before the concerned Court on all the dates fixedby it during trial. They shall abide by all the conditions enumerated underSection 437(3) of Cr.P.C.

8. This order shall be effective till the end of the trial. However, incase of bail jump and breach of any of the conditions of bail, it shallbecome ineffective.

Certified copy as per rules.

mrs. mishra

(DINESH KUMAR PALIWAL)JUDGE

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