AWADHBAI @ AWADHIYA @ SAVITRI Vs. STATE OF M.P.

JUDGEMENT

(1.) Appearing counsel for the parties heard on alleged first regular bail application filed on behalf of the applicant under Section 439 of Cr.P.C. before this Court in relation to Crime No.237/2018 registered at Police Station Aron, District Guna, in reference to offence punishable under Sections 304-B/34 of IPC and the produced case diary is perused.

(2.) Applicant is mother-in-law of Laxmi bai (deceased). She was arrested on 17.07.2018 and her regular bail application has already been dismissed by Third Additional Sessions Judge, Guna vide order dated 07.09.2018, whose certified copy is annexed with the bail application under consideration.

(3.) Appearing counsel for the applicant contends that applicant has been falsely implicated in the case as she is mother-in-law of the deceased and regarding incident firstly Rojnamcha report at Police Station Aron was lodged by applicant's husband Ramkishan to the effect that when they were sleeping in their house in the night at about 1:30, they heard the sound of crying of applicant, then he saw that his daughter-in-law Laxmi Bai was burning, then he with Awadhbai and Bharat extinguished the fire but Laxmi Bai died on the spot. It is contended by appearing counsel for the applicant that after completion of investigation, charge-sheet has been filed before the JMFC, Aron on 20.08.2018 and according to Police Statements of Dayaram and his wife Munni Bai, their daughter Laxmi Bai (deceased) was married with Bharat about 14 years ago and Laxmi's eldest daughter Nisha is presently at about 8 years old, therefore, it has been vehemently argued by the appearing counsel for the applicant that even from the Police statements of father and mother of the deceased, it is clear that their daughter Laxmi had not died within 7 years of her marriage, therefore, prima-facie the offence punishable under Section 304-B would not be constituted. It is also argued that at applicant's house, no other lady is available for maintenance of three children of the deceased and completion of trial will take sufficient time, therefore, it is prayed that the benefit of regular bail be given to the applicant.