MUNNI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.K.Shukla, Advocate assisted by Sri Arvind Kumar learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

(2.) By means of this application, the applicant who is mother-in-law involved in case crime no. 342 of 2020, under Sections 498A, 304B IPC and Section 3/4 D.P.Act, Police Station-Jaswantnagar, District- Etawah is seeking enlargement on bail during the trial. The applicant is languishing in jail since 03.02.2020.

(3.) Contention raised by the counsel for the applicant is that the FIR was registered by one Rama Shanker on 24.08.2020 under the aforesaid sections of the IPC against Amit (husband of the deceased) and all his family members including the present applicant. Submission made by learned counsel for the applicant is that the marriage of the daughter of the informant with the son of the applicant was solemnized on 23.05.2020 and thereafter she was returned back to her parental home on 28.05.2020. On 14.08.2020 on Gauna Ceremony was performed and thereafter Chandini (deceased) has come to join the company of her husband and on 21.08.2020, she has committed suicide by hanging herself. On this premise it has been argued by the learned counsel for the applicant that from 23.05.2020 to 21.08.2020 total (3 days + 7 days= 10 days) ten days she lived in her matrimonial home in peace meal. During ten days period, it is highly improbable that the husband and other in-laws would demand a motorcycle and Rs. 2 lakhs cash. More particularly during her honeymoon period it is highly unlikely that she would be tortured or harassed for the demand of additional dowry. In addition to above it is submitted that applicant who is mother-in-law cannot be said to be a beneficiary of the alleged demand of dowry. It was suggested by the learned counsel for the applicant that she was forced to marry with Amit (husband) against her wish and desire and out of sheer frustration she has taken this extreme foolish steps by hanging herself.