Madhya Pradesh High Court
Smt. Pushpa Tiwari vs The State Of Madhya Pradesh on 2 May, 2019
1 MCRC-13346-2019
The High Court Of Madhya Pradesh
MCRC-13346-2019
(SMT. PUSHPA TIWARI Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 02-05-2019
Smt. Sarita Tiwari with Ms. Anita Kaithwas, learned Advocates for the
applicants.
Shri Maqbool Khan, learned Government Advocate for the
respondent/State.
Heard.
Perused case diary.
This is the first application under Section 438 Cr.P.C filed by the applicants for grant of anticipatory bail.
Applicants are apprehending their arrest i n connection with Crime No.121/2019 registered at Police Station N.K.J. Distt. Katni (M.P.) for the offences under Sections 498, 304-B and 34 of IPC and 3/4 of the Dowry Prohibition Act.
At the outset, learned counsel for the applicants, prays for withdrawal of prayer for anticipatory bail made on behalf of applicant no.1 Smt. Pushpa Tiwari.
Consequently, prayer for anticipatory bail made on behalf of applicant no.1 Smt. Pushpa Tiwari stands dismissed as withdrawn. Now, the prayer made on behalf of applicant no.2 Smt. Abhilasha Tiwari and applicant no.3 Smt. Madhuri Choubey shall be considered on merits.
The case of the prosecution is that, on 07.03.2019 at about 11.00 p.m., deceased Pratima Tiwari was admitted in Mohanlal Gupta Memorial Hospital and Research Centre, Katni, in semiconscious condition; wherein, she was declared to be dead. On 08.03.2019 at about 08.30 am on the information of the death, the concerning police station has registered a Marg No.11/19. During the course of the Marg enquiry, postmortem of the deceased was conducted. The cause of death was found due to asphyxia. Statement of the Digitally signed by MOHAMMAD TABISH KHAN Date: 06/05/2019 02:22:28 2 MCRC-13346-2019 family members of the deceased have been recorded. On that basis, Crime No.121/2019 under Section 304-B, 498-A and 34 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1961 was registered against the applicant and other co-accused persons i.e. husband, mother-in-law, father-in-law and sister-in- law of the deceased.
Learned counsel for the applicants submits that applicants no. 2 and 3 have falsely been implicated in the present case. It is further submitted that the applicant no.2 Smt. Abhilasha Tiwari is aged about 25 years and applicant no.3 Smt. Madhuri Choubey is aged about 38 years and are sisters-in-law (Nanand) of the deceased. It is also submitted that there is no criminal antecedents to their credit. It is also submitted that the present applicants are permanent residents of the address described in the application. They are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon them. In view of the aforesaid, it has been prayed that the applicant no.2 Smt. Abhilasha Tiwari and applicant no.3 Smt. Madhuri Choubey be granted the benefit of anticipatory bail.
Learned Government Advocate for the respondent/ State on the other hand has opposed the application.
On perusal of the case diary and on going through the documents filed by the applicants which shows that applicant no.2 Smt. Abhilasha Tiwari and applicant no.3 Smt. Madhuri Choubey are married women and are residing separately from the family of the deceased, which is also evident from the statement of the Saroj Mishra and Ramsagar Mishra, who are parents of the deceased. It also appears that there are remote chances that they were subjecting the deceased with cruelty and demand of any type of dowry.
After considering t h e fac ts a n d circumstances o f t h e c as e, and particularly the fact as pointed out by learned counsel for the applicants, this Court deems it proper to grant anticipatory bail to applicant no.2 Smt. Abhilasha Tiwari and applicant no.3 Smt. Madhuri Choubey. Accordingly, the application on behalf of applicant no.2 Smt. Abhilasha Tiwari and Digitally signed by MOHAMMAD TABISH KHAN Date: 06/05/2019 02:22:28 3 MCRC-13346-2019 applicant no.3 Smt. Madhuri Choubey is hereby allowed.
Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of the applicants, is partly allowed.
It is directed that i n the event of the arrest of applicant no.2 Smt. Abhilasha Tiwari and applicant no.3 Smt. Madhuri Choubey, they shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety each in the like amount to the satisfaction of the Arresting Officer for their appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 06/05/2019 02:22:28