Madhya Pradesh High Court
Smt.Kamla vs The State Of Madhya Pradesh on 20 November, 2014
1 Mcrc.9611/14
Smt. Kamla Vs. State of M.P.
20/11/14
Shri A.K.Jain, Advocate for the applicant-Smt. Kamla.
Shri Praveen Niwaskar, Public Prosecutor for the
respondent/State.
Arguments heard.
Perused the case diary.
This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending her arrest in connection with Crime No.396/2014 registered by P.S. Civil Lines, district Morena (M.P) for commission of the offence punishable under Sections 304-B, 498-A, 323 and 294 of I.P.C.
As per prosecution case, marriage of Neelam was solemnized on 15/2/20106, i.e. more than 7 years prior to the date of incident. After the death of Neelam (since deceased), on 28/7/2014 one written complaint was made by her father Kishanlal stating that on 27/7/14 during treatment Neelam has died. In the said complaint, it was alleged that after 4-5 months' period from the date of marriage, she was subjected to cruelty and she was beaten by her in-laws but during entire period of marital life not a single complaint was made by the parents of the deceased.
Prayer for bail was made on the ground that in similar circumstances, co-accused Ravindra and Suman have been admitted respectively regular and anticipatory bail by this court vide orders dated 19/11/2014 and 29/10/2014 passed in Misc. Cri.C.No.10451/14 and Misc. Cri.C.No.7668/14, hence, it is 2 Mcrc.9611/14 Smt. Kamla Vs. State of M.P. prayed that the case of the applicant being akin to them, she be also released on anticipatory bail.
Learned Public Prosecutor for the State does not dispute the aforesaid position.
In view of the aforesaid facts and taking into account the claim of parity with aforesaid co-accused persons, without expressing any opinion on the merits of the case, the present application is hereby allowed and it is directed that if the applicant surrenders herself before the Investigating Officer on or before 29/11/2014 and furnishes a personal bond in the sum of Rs.1,00,000/- (Rs. One lac only) with a solvent surety in the like amount to the satisfaction of the Arresting Officer, she shall be released on anticipatory bail subject to the condition that she shall make herself available for interrogation by a police officer as and when required and will cooperate in the investigation. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(B.D. Rathi) Judge (Bu)