Madhya Pradesh High Court
Prakash Puri vs The State Of Madhya Pradesh on 20 June, 2016
M.Cr.C. No.10303/2016 20.6.2016 Mr. Ashok Koshta, learned counsel for the applicant.
Mr. D.K. Parouha, learned P.L. for the State. This is an application under Section 438 CrPC for grant of anticipatory in connection with Crime No.522/16 registered at the Police Station, Gadarwara, District Narsinghpur for the offence punishable under section 306/34 of IPC.
According to learned counsel for the applicant the deceased is said to have attempted to commit suicide by setting herself on fire and she subsequently succumbed to her injuries on 20-3-
16. He further says that two dying declarations were recorded in this case, one on 14-02-16 at about 12:20 PM which has been duly certified by the doctor who noted that the patient was conscious to make the statement. In this dying declaration the deceased has stated that she sustained burn injuries when alight chimeny fell on her while she was cooking food. She also stated that her husband had suffered injuries in the attempt to save her. The second dying declaration was recorded two days thereafter on 16-02-16 which learned counsel for the applicant states that it does not inspire confidence, as no reason has been given as to the need for recording of the second dying declaration.
Counsel for the applicant has placed the order dated 13-6-16 passed in MCrC No.9634/16 whereby the father-in-law of the deceased was given the benefit of anticipatory bail by this Court.
Even in the second dying declaration the deceased only states that she attempted to set herself on fire as she was facing constant harassment at the hands of her in-laws.
Allegations against the applicant herein, are based on 161 CrPC statements of the parents of the deceased. On both the dying declarations, the deceased has stated that the applicant herein put out fire and he himself had suffered injuries in the process.
Looking to the facts and circumstances of the case and without expressing any opinion on merits of the case, I am inclined to allow the instant application and direct the applicant herein, to be enlarged on bail upon his furnishing a personal bond to the sum of Rs.25,000/- (Rs. Twenty five thousand) with one solvent surety to the like amount to the satisfaction of the arresting officer. The applicant shall join the investigation as and when called upon by the Police.
The application is accordingly allowed. C.c. as per rules.
(Atul Sreedharan) Judge ac.