PUSHPA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application u/S. 438 Cr.P.C . for grant of anticipatory bail who apprehend arrest in connection with Crime No. 75 of 2020 for the offence punishable under Sections 498A , 304B and 34 of IPC and 3/4 of Dowry Prohibition Act registered at Police Station Madhoganj, district Gwalior .

(2.) It is alleged by counsel for the applicants that the applicants are Sister in law (Jethani) of deceased and living separately with their husbands, having n o connection with the commission of offence. They have also filed documents in support of contention regarding separate living. There is no allegation of harassment or demand of dowry against them. It is further submitted that marriage of deceased had taken place in the year 2016 and after four years of marriage, the incident had taken place. There is no complaint on previous occasion regarding demand of dowry or harassment to the deceased. The husband of deceased is in custody. It is further submitted that the incident had taken place on 31.1.2020 and the report of the incident was not lodged immediately after the incident but on 20.2.2020 after much consultation. It is further submitted that the applicant No.1 Pushpa is having two children; one is of four years and another is seven years and applicant No.2 Kavita is having three children; one is of one and half year, second is of two years and third is of four and half years. They are ready to cooperate in the investigation and there is no chance of their absconding. On these grounds, the applicants prayed for grant of anticipatory bail.

(3.) On the other hand, counsel for the State has opposed the prayer stating that there are specific allegations against the applicants regarding demand of dowry and harassment. He has read over the statement of mother of deceased wherein, she has stated that the present applicants and other family members used to harass the deceased. Even death has taken place within seven years of her marriage in suspicious circumstances. Investigation is pending in the matter and applicants are not cooperating in the investigation. It is further submitted that on 14.1.2020, a complaint was made by family members of deceased regarding harassment being caused to the deceased by the in-laws and after giving assurance by them that the deceased will not be harassed, the incident had occurred on 31.1.2020. It is further submitted that there are antemortem injuries on the body of deceased.