MADAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of Cr.P.C for grant o f bail to the applicants, as they have been arrested on 12/5/2022 in connection with Crime No. 119/2022, registered at Police Station Rajod, Dist. Dhar (M.P.) for commission of offence punishable under Sec. 294, 323, 506, 34, 316 of IPC.

(2.) Prosecution story, in brief, is that on 9/4/2022 at about 12 noon, applicants knowing the fact that prosecutrix, who is daughter-in-law of applicant No.1 and wife of applicant No.2, was pregnant, abused and assaulted her with wooden stick and caused death of her quick unborn child. They also threatened the prosecutrix.

(3.) Learned counsel for the applicants referring the judgment passed by Jammu and Kashmir High Court in Suresh Chander and Anr. vs. State, 1994 CRI.L.J. 170* submits that as the prosecutrix was pregnant for about 3 months and woman did not state about the sensations which were likely to be felt in case of a quick unborn child and, therefore, offence under Sec. 316 of IPC is not made out in the matter. Rest of the offences are bailable in nature.