MANOHAR BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri R.K. Shastri, learned counsel for the complainant/objector. Heard through video conferencing. This is the first application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant, a married lady aged about 23 years with her five months' old son, is in custody since 11.9.2020 in connection with Crime Case No.296/2020 registered at Police Station, Jharda, District Ujjain for the offence punishable under Section 304(B), 498-A/34 IPC and under Section 3/4 of Dowry Prohibition Act.

(2.) As per the prosecution case, deceased was married to Shankar Singh S/o Madan Singh on 28.3.2018. Since then she has been residing in the family house at village Lalakhedi, Teh.& District Agar alongwith her father-in-law Madan Singh, mother-in-law Guddibai. On 8.9.2020 she had consumed poisonous stuff. She was rushed to local Goyal Nursing Home for instant treatment, but her condition was deteriorated. Thereafter, she was rushed to Ujjain for better treatment. However, she died on the way. Marg No.22/2020 was registered under Section 174 of Cr.P.C. During investigation family members of the deceased alleged that Shankar Singh, Madan Singh, Guddibai and sister-in-law Manohar Bai, present applicant harassed the deceased for having not brought sufficient dowry at the time of marriage. That led to occurrence of such incidence. Accordingly, the case has been registered against the applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. The applicant, a young married lady 23 years of age with five months' old son, is behind bars since 11.9.2020. As a matter of fact she was married way back in the year 2012 to Pradhan Singh at a distant (Smt.Manohar Bai Vs. State of M.P.) village Lalakhedi, District Agar. She was not present on the spot at any point of time. She has been roped in the case for no reasons. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.