Madhya Pradesh High Court
Smt.Shantabai vs The State Of Madhya Pradesh on 7 February, 2018
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
MISCELLANEOUS CRIMINAL CASE NO.4008 OF 2018
(Smt. Shantabai vs. State of Madhya Pradesh)
Indore, Dated 07.02.2018
Shri Ashish Gupta, counsel for the applicant.
Shri Piyush Jain, Public Prosecutor for the respondent-State.
This is first bail application under-Section 439 of the Code of Criminal Procedure, 1973 (for short 'CrPC') filed on behalf of applicant-Smt. Shantabai. The applicant is in custody since 08.12.2017 in connection with Crime No.492/17 registered at Police Station-Sonkatch, District-Dewas (MP) for the offence punishable under-Sections 304-B & 498-A of Indian Penal Code, 1860.
As per prosecution story, the deceased-Dhapu Bai was married to the son of applicant namely; Jaisingh. She has delivered two baby girls successively. The present applicant (mother-in-law) father-in-law-Vikram and her husband-Jaisingh used to taunt her for not having given birth to a baby boy and humiliated her. Besides, there had been constant demand of dowry because of which she not only felt hurt but has undergone severe mental agony with a sense of insecurity in her life. This fact was disclosed by her when she visited her parents house after her delivery. Thereafter, her parents had called the applicant and her husband for amicable discussion in the matter so that recurrence of such incidence in future can be avoided. Meeting had taken place in presence of the independent parties. Thereafter, on assurance being given by the applicant and her husband to the parents of the deceased, the deceased-Dhapu Bai came back to her in-laws place. However, within a few days, thereafter she has committed suicide hanging by noose. Accordingly, case has been registered against the present applicant, her husband-Vikram and husband of the deceased- Jaisingh and they were arrested.
Counsel for the applicant taking exception to the order impugned prays for enlargement of the applicant on bail contending 2 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.4008 OF 2018 (Smt. Shantabai vs. State of Madhya Pradesh) that the applicant is a lady and is innocent and has been falsely implicated in the case. She has no criminal antecedents. While further bolstering his submissions, he has referred to Section 437 Cr. P. C to contend that the section itself carves out an exception for woman in the context of consideration for bail by a Magistrate. There is no reason why this Court should not give due weightage to the same while considering the instant application. He further refers to judgment of the Hon'ble Apex Court in the case of Dataram Singh vs. State of Uttar Pradesh & Another (arising out of SLP (CRL) No.151 of 2018) decided on 06.02.2018 and contended that there are certain basic fundamental principles reiterated by the Hon'ble Apex Court which in-fact and in effect are of guiding nature and are required to be considered by the Court while considering the bail application. He further submits that bail is a right and denial thereof is an exception, is a rule settled decades ago by Courts of law. With the aforesaid submissions, counsel prays for enlargement of the applicant on bail.
Per Contra, Public Prosecutor for the respondent-State opposes the bail application inter-alia contending that the offence of the nature in hand are on rise in the society. Girls married to such families are subjected to typical hostility and depravity so much so that they are victimized by the in-laws if their demands are not meted out by the humble parents of the girls.
Section 498-A has been incorporated in the IPC to checkmate such kind of hostile attitude towards the girls and making a provision for deterrent action against the erring persons, besides to curb the social evil on rise.
The deceased-Dhapu Bai was married to son of the applicant-Jaisingh on 16.04.2016. No sane person shall sacrifice her life without any cause. The only sin that the deceased had 3 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.4008 OF 2018 (Smt. Shantabai vs. State of Madhya Pradesh) committed to have delivered two baby girls. The accused applicant, her husband and her son are having weird notions and dogmatic thoughts. The deceased was treated with contempt by the applicant and the co-accused unmindful of her dignity as woman and respect for her emotions as mother accusing her of not giving birth to baby boy. They have put the deceased to the ordeal of such disparaging accusations. She was pushed against wall so much so that she did not have any option but to sacrifice her life. Counsel further submits that the aforesaid submissions are made in the context of allegations made in the FIR. That apart, there are statements of independent persons recorded under Section 161 CrPC who had reiterated the predicaments of the deceased as has been revealed during the meeting held in the house of parents of the deceased where the present applicant, her husband and the husband of the deceased were present and they were advised to avoid such recurrence of incidences and to treat Dhapu Bai (since deceased) with humility and parental love and affection.
In the wake of such facts, the applicant cannot be said to be an innocent person and, therefore, bearing in mind the rigor of Section 498-A of IPC, the applicant does not deserve to be enlarged on bail and prays for dismissal of the application.
Heard.
The age old law that bail is a right has relevance in the present time also, being in conformity with 'equality' clause under Article 14 and 'personal liberty' under Article 21 of the Constitution of India, nevertheless; subject to regulatory measures under due process of law. The nature and intensity of crime, degree of involvement of the accused, impact of the alleged offence in the public mind are relevant considerations amongst others for consideration of bail as crime is essentially against the society.
4HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MISCELLANEOUS CRIMINAL CASE NO.4008 OF 2018 (Smt. Shantabai vs. State of Madhya Pradesh) This Court need not to dwell upon the aims and objects with which section 498A IPC. Suffice it to say that there is indiscriminate rise of dowry deaths in India and a serious challenge in society. The enforcement agencies need to address such challenges to avoid vulnerability in public domain and recurrence of such incidences by resorting to deterrent means under section 498A IPC.
The contention with reference to section 437 Cr.P.C., as a matter of fact is misplaced in the present context as the alleged crime itself is against the life, liberty and dignity of a woman as such.
Looking to the nature of allegations made in the FIR, the statements of witnesses under section 161 Cr.P.C and the fact that the deceased married about one and half years ago committed suicide, hanging by noose. This Court refrains from expressing any opinion on merits of the case but, is not inclined to enlarge the applicant on bail at this stage as complacency of the applicant in the alleged crime cannot be ruled out. Therefore, it is not a fit case for enlargement of the applicant on bail.
Application sans merit and is hereby dismissed.
(ROHIT ARYA) JUDGE Arun/- + b/-
Arun Nair 2018.02.09 10:25:35 +05'30'