Madhya Pradesh High Court
Jitendra Soni vs The State Of Madhya Pradesh on 16 January, 2019
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.1600/2019
(Jitendra Soni Vs. State of M.P.)
1
Jabalpur, Dated : 16-1-2019
Shri A.S.Parihar, counsel for the applicant.
Shri Manish Awasthy, G.A., for the respondent/ State.
This is first anticipatory bail application on behalf of applicant under section 438 of Cr.P.C.
The applicant apprehends his arrest in connection with crime no.1089/2018 registered at Police Station Kolgawan, District Satna, for offences punishable under sections 498-A, 304-B and 34 of IPC and section 3/4 Dowry Prohibition Act.
Allegation of the prosecution is that on 22.10.2018 deceased Sandhya Soni committed suicide by consuming poisonous substance in her matrimonial house within 7 years of marriage. When she died, the report in this regard was filed by her husband co-accused Sandeep Kumar Soni. On that basis marg intimation has been recorded. During the course of inquiry, it is found that the co-accused Ratna Soni who is mother-in-law of deceased and other co-accused persons including the husband and brother-in-law have made demand of motor cycle and 2 tolas of Gold and on non-fulfillment of the demand they used to harass the deceased and because of harassment and cruel behaviour she had committed suicide by consuming poisonous substance.
The learned counsel for applicant has submitted that the applicant is the brother-in-law of deceased and has been falsely implicated. The applicant had neither harassed the deceased, nor asked for any dowry in the form of Gold or motor cycle. It is further argued that the HIGH COURT OF MADHYA PRADESH M.Cr.C.No.1600/2019 (Jitendra Soni Vs. State of M.P.) 2 applicant is residing separately from the deceased and her husband. The applicant is permanent resident of the address shown in the application and he is ready to furnish adequate surety and shall abide by all the conditions that may be imposed by the Court. It is prayed that the applicant may be released on anticipatory bail.
The learned counsel for the State has opposed the application for grant of anticipatory bail.
It appears from the documents produced on record that the applicant is residing at village Khutaha under the jurisdiction of Police Station Jaitwara, District Satna, while the deceased and her husband (Sandeep Kumar Soni) were residing at Shukla Bardadih, near Santkunj Ashram under the jurisdiction of Police Station Kolgawan, District Satna. The applicant is shown to be a young person aged about 22 years.
Looking to the facts and circumstances of the case and also the fact that co-accused Ratna Soni, who is mother in-law of the deceased has already been granted anticipatory bail vide order dated 7.1.2019 in M.Cr.C.48225/2018, I find this to be a fit case for grant of anticipatory bail to the applicant.
Accordingly, the application is allowed. It is directed that, in the event of her arrest, applicant Jitendra Soni shall be released on bail on her furnishing personal bond in the sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the arresting officer. The applicant shall abide by the conditions as enumerated under section HIGH COURT OF MADHYA PRADESH M.Cr.C.No.1600/2019 (Jitendra Soni Vs. State of M.P.) 3 438(2) of the Cr.P.C. The applicant shall remain present before the Investigating Officer as and when he is directed to do so and shall cooperate in the investigation and shall also appear before the trial Court. In the event of breach of condition of bail, the trial Court shall be competent to take coercive action against the applicant.
This M.Cr.C., stands allowed and disposed of. C.C., as per rules.
(Mohd. Fahim Anwar) Judge skm Digitally signed by SANTOSH MASSEY Date: 2019.01.18 16:49:42 +05'30'