VEDAHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard with the aid of case diary. This is the first bail application under Section 439 of Cr.P.C. of petitioners--Vaidehi and Geeta in connection with Crime No.404/2020 under Sections 306 / 34 of IPC, registered at Police Station-Banganga, District--Indore.

(2.) In this case husband - Niraj Vishwakarma, who entered into a inter caste love marriage with petitioner No.1--Vaidehi Tiwari committed suicide on 06.11.2019 leaving behind a short two liner suicide note that due to harassment extended by his in-laws, he is committing suicide. On the next date of incident i.e., 07.11.2019, the police recorded statement of father Chhotelal and after 10 days i.e., 16.11.2019 statements of mother Yashoda and one independent witness Santosh. They all have made allegation that just after about a year behavior of petitioner No.1 was changed. She used to siphoned money earned by the deceased to her parents. She had taken a loan of Rs.90,000/-and handed it over to her parents and forced the deceased to repay the same in installments. Just three days before the incident also she quarreled with the deceased on account of demand of money to help her uncle. Perturbed with the continuous harassment and torture extended by the petitioners, the deceased committed suicide.

(3.) It is submitted by the learned Counsel for the petitioners that after the marriage, behavior of the deceased towards his wife i.e., petitioner No.1 turned hostile. He started consuming liquor and HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE under effect of the liquor started beating and thrashing his wife; petitioner No.1. Ultimately, he expelled her from the house just two days prior to the incident i.e. 4.11.2019. The matter was reported to the police. Earlier also a complaint was made by petitioner No.1 to the police. On both the occasions, when the police called the deceased for counseling, he came in drunk state, therefore, the police asked his father to take him back and bring him again whenever he is in sound state of mind. Documents supporting this contention are referred by the learned counsel.