GEETA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the petitioner No. 2 under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 703/2019 registered at Police Station Banda District Sagar (MP), for the offence punishable under Section 304 (B), 306, 498(A), 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

(2.) As per prosecution story in short is that the marriage of deceased- Kunti Bai was solemnized with the co-accused Hari Singh prior six years from the date of incident. On 07.10.2019, information was received to the Gram Pipariya Chouda police station Banda that deceased/Kunti Bai and her children namely Pushpendra, Harshit and Ankit have committed suicide by hanging. Marg was registered and Crime No. 693/2019 under Section 302 of IPC was registered. During the investigation, statements of mother, father and sister-in-law of deceased and other witnesses have been recorded. It is found that petitioners/accused and co-accused demanded motor cycle and some money as a dowry from the deceased. Due to non-fulfillment of the same, they have tortured and humiliated her because of which she committed suicide with her children. Apart from that co-accused Hari Singh/husband had illicit relationship with his sister-in-law i.e. petitioner No.2, therefore, deceased opposed the relationship of them but co-accused/Hari Singh and petitioner No.2 did not consider. Therefore, she committed suicide with her children.

(3.) Learned counsel for the petitioners submits that petitioner/accused No.1 is mother-in-law of deceased and petitioner/accused No.2 is sister-in-law of deceased. they are innocent and have been falsely implicated in this case. There is no specific allegation against them to demand of dowry and humiliation. Petitioners/accused are lady. They are living separately from the deceased and her family. There is no possibility of their absconding and tampering the evidence of prosecution. With the aforesaid, he prays for allowing this bail application.