Court: Madhya Pradesh High Court
Bench: JUSTICE C.V. Sirpurkar
Ramlal Prajapati Vs. State Of Madhya Pradesh On 15 September 2017
Law Point:
Criminal Procedure Code, 1973 — Section 439 — Indian Penal Code, 1860 — Sections 306, 498A, 34 — Bail — Abetment of suicide — Cruelty — Petitioners, father-in-law and mother-in-law of deceased — No allegation regarding dowry made even in statements recorded under Section 164, Cr.P.C. — Faint grudge that deceased was not fed well in her matrimonial home — Even that complaint was long back in past — Even if allegations taken at their face value and presumed to be true, no case for abetment of suicide made out — Petitioners deserve to be released on bail with conditions.
JUDGEMENT
1. Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioners Ramlal Prajapati and Smt. Itiya Bai in Crime No. 270/2017 registered by Police Station. G.R.P., District Katni under Sections 498-A and 306 read with Section 34 of the Indian Penal Code.
2. As per the prosecution case, deceased Pooja had married Omkar Prajapati, son of the petitioners on 21.6.2015. Her in-laws did not provide her enough food to eat; therefore, Pooja had complained regarding aforesaid matter to her father. However, after that, Pooja did not complain about her in-laws. On 26.6.2017, dead body of Pooja was discovered on a Railway track.
3. Learned Counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law respectively of deceased Pooja. Even in the statements recorded under Section 164 of the Criminal Procedure Code made by Ramkishore, father of the deceased, no allegation regarding dowry has been made. There is a faint grudge that Pooja was not fed well in her matrimonial home; however, even that complaint was long back in the past. As such, even if all allegations are taken at their face value and presumed to be true, no case for abetment of suicide would be made out.
4. Though the father of the deceased has expressed doubts that it was not a suicide but a murder. Yet, the aforesaid doubt is dispelled by the post-mortem examination report; therefore, it has been prayed that the petitioner be released on bail.
5. Learned Government Advocate for the respondent State on the other hand has opposed the application on the ground that though in the statement under Section 164 of the Code of Criminal Procedure, father of the deceased has made no allegations with regard to demand for dowry or dowry harassment. Such an allegation has been levelled in his statement recorded under Section 161 of the Code of Criminal Procedure.
6. However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by learned Counsel for the petitioners, in the opinion of this Court, the petitioners deserve to be released on bail.
7. Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioners Ramlal Prajapati and Smt. Itiya Bai, is allowed. It is directed that the petitioners shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000 with one solvent surety in the same amount each to the satisfaction of the Trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure.
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