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Madhya Pradesh High Court

Smt. Rajni Jatav vs The State Of Madhya Pradesh on 4 January, 2016

                                  1                     Mcrc. 11743/15
                     Smt. Rajani Vs. State of M.P.

4/1/16
     Shri V.K.Saxena, Sr. Advocate with Shri Aditya Singh,
Advocate for the petitioner.

      Dr. (Smt.) Anjali Gyanani, Public Prosecutor for the
respondent/State.

Learned counsel for the rival parties are heard.

Petitioner apprehends arrest in connection with offences punishable under Section 306 of IPC registered as Crime No. 48/15 at Police Station Sirol, District Gwalior (M.P.).

Learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Considering the fact that the petitioner being sister-in-law where allegation is of abetment to suicide by the deceased, who died due to burn injuries. The allegation as contained in the dying declaration is that altercation took place on the issue of education of the children. The deceased on being piqued committed suicide by pouring kerosene over herself. There is no antemortem injury found in the postmortem report.

Accordingly, without expressing opinion on merits of the case, I deem it appropriate to allow this application u/S 438 Cr.P.C in the following terms.

It is hereby directed that in the event of arrest, the petitioner shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.

This order will remain operative subject to compliance of the following conditions by the applicant :-

Smt. Rajani Vs. State of M.P.

1. The petitioner will comply with all the terms and conditions of the bond executed by him;

2. The petitioner will cooperate in the investigation/trial, as the case may be;

3. The petitioner will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The petitioner shall not commit an offence similar to the offence of which she is accused;

5. The petitioner will not seek unnecessary adjournments during the trial; and

6. The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.

(Sheel Nagu) Judge (Bu)