SHABNAM @ MUNNIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case dairy perused and argument heard.

(2.) This is first bail application filed by applicant Shabnam @ Munnibai under section 439 of the Cr.P.C., 1973 who has been arrested on 25/04/2018 in connection with Crime No.230/2018 registered at Police Station City Kotwali, District Khandwa for the offence punishable under Sections 304-B, 302, 306, 323/34, 498-A of the IPC.

(3.) As per prosecution case on 25/04/2018 at 3:00 A.M. co-accused Irshad son of Khatoon Bee and Haji Salamuddin and brother of applicant and coaccused Moinuddin informed the Police that he lived at Solah Kholi Ganj Bazar, Khandwa (West) along with his younger brother co-accused Moinuddin and his wife (deceased) Sadiya Bee. In the night at 2:00 A.M. when co-accused Moinuddin woke up, he saw the door of the bathroom bolted from the inside and smoke was coming out from the bathroom. On that co-accused Moinuddin shouted and on hearing it, applicant and other coaccused persons also came there. Thereafter, he broke the glass of the door of the bathroom and saw that Sadiya Bee was burning. Then, he opened the door of bathroom and took her out and called Dr. Mubarik, who declared her dead. On that Police registered inquest No.151/2018. In the investigation, it was found that on the date of incident applicant and co-accused Moinuddin, Irshad, Khatoon Bee and Haji Salamuddin were at home and applicant along with co-accused persons assaulted her wife Sadiya Bee, due to which she sustained injuries and thereafter set her ablaze after pouring kerosene, due to which she sustained burn injuries and died. It was also found that the deceased died within five years of her marriage and applicant along with coaccused persons used to harass her. On that Police registered Crime No.230/18 and arrested the applicant and co-accused Moinuddin, Irshad, Khatoon Bee and Haji Salamuddin.