PUSPA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application preferred by the applicant under Section 438 of Cr.P.C. wherein she is apprehending her arrest in a case registered at Crime No.116/2018 at Police Station Deepnakheda Tehsil, Sironj, District-Vidisha for the offence under Section 306 and 34 of IPC.

(2.) It is the submission of learned counsel for the applicant that although charge-sheet has been filed against the present applicant under Section 299 of Cr.P.C., but still anticipatory bail is maintainable because as per the FIR it appears that deceased Smita (daughter-in-law of applicant) committed suicide by hanging on 03/09/2018 on which marg was registered and enquiry was conducted. Thereupon FIR was registered vide Crime No.116/2018 on 11/10/2018 only against husband of the deceased Dharmendra Singh Rajput and he was arrested on 12/11/2018. Marriage was solemnized on 01/06/2009. Initially statements were taken of witnesses, mainly family members (and some other witnesses) of the deceased namely Monika, Monu, Sooraj, Kishore, Sonu, Ajab Singh, Divyansh, Kiran, Nirpat, Chironja, Jaipal, Dhan Bai, Sanjeev, Meera Bai (statements of them are placed with the application), in which they all alleged against Dharmendra, the husband of deceased and no allegations were raised against the present applicant. Allegation against the co-accused Dharmendra was about the fact of beating deceased Smita that too after consuming liquor. The said fact also surfaced specifically in the statements of those witnesses that due to bad conduct of co-accused Dharmendra, his parents (present applicant is Dharmendra's mother) disowned him and were living separately.

(3.) On 07/01/2019, supplementary statements of Monu, Kishore Singh, Sarju, Monika were taken in which these family members raised allegation for the first time against father-in-law Bhogiram, Mother-in-law Puspa Bai (present applicant) and brother-in-law Neelesh about the fact regarding physical abuse for fulfillment of dowry demand. On 08/01/2019, statements of Ranjeet and Hakam were recorded and on the same date statements under Section 164 of Cr.P.C. of witness Kishore Singh, Smt. Sarju and Monu were also recorded before JMFC, Sironj. Interestingly, on 07/01/2019 itself Farari Panchnama was prepared and the process was repeated on 08/01/2019 and thereafter on 09/01/2019. Charge-sheet was filed on 10/01/2019.