Madhya Pradesh High Court
Pratap vs The State Of Madhya Pradesh on 19 November, 2015
MCRC-20028-2015
(PRATAP Vs THE STATE OF MADHYA PRADESH)
19-11-2015
Shri Mahendra Pateriya, learned counsel for the applicants.
Shri D.K. Paroha, learned Panel Lawyer for the respondent-state.
Heard.
This is first application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicants are apprehending their arrest for the offence punishable under Sections 304-B, 498-A/34 of IPC & 3/4 of Dowry Prohibition Act in connection with Crime No.709/2015 registered at Police Station Kotwali, District-Damoh(M.P.).
According to the applicants, the marriage of the prosecutrix (deceased) has taken place in the year 2005 and the death has taken place on 10/10/2015. therefore, the case of prosecution under Section 304-B is not sustainable. In this regard, the learned counsel of the prosecution submits that in the statement of her mother, she says that marriage has taken place on 01/11/2008 and the unnatural death has taken place on 10/10/2015. therefore, the deceased has expired within 7 years of marriage and therefore offence under Section 304-B is sustainable. However, there are general allegations which are coming in the statement of the mother of the prosecutrix. There are no other specific allegations. The applicants are bother-in-law (Jeth) and sister-in-law (Jithani) of the deceased who are not residing in the same house. The applicants are living separately since very long and the document about their residence which is on record shows that the applicants are residing at Jabera District Damoh which is 100 km away from the place of incident. The statements of the mother of deceased involving almost all the members of the family are general in nature. There is also a dispute about the date of marriage because except for her statement, there is no other document which may show that the marriage of the deceased took place on 01/11/2008. There is a case of the applicants that the marriage of the deceased had taken place in the year 2005.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, the bail application of applicants, Pratap and Smt. Kiran is allowed and it is directed that in the event of applicant's arrest in connection with Crime No.709/2015 registered at Police Station Kotwali, District- Damoh(M.P.), they shall be released on bail on his furnishing bail bond in the sum of Rs.50,000/- (Fifty Thousand) with a surety each in the like amount to the satisfaction of the arresting/investigating officer. The applicants would abide the conditions mentioned in Section 438(2) of Cr.P.C. M.Cr.C. stands disposed of.
Certified copy on payment of usual charges.
(MOOL CHAND GARG) JUDGE