Research › Search › Judgment

Madhya Pradesh High Court · body

2000 DIGILAW 894 (MP)

RAMNATH PATHAK v. STATE OF M. P.

2000-08-25

R.B.GARG

body2000
R. S. GARG, J. ( 1 ) HEARD. Anticipating arrest in connection with Crime No. 155/2000 registered at P. S. Takhatpur for offences punishable under Sections 498-A, 506-B, 304-B and 20 1/34 IPC, the applicants - Parents in-law of the deceased. have filed this application under Section 438 Cr. P. C. ( 2 ) THE deceased died on the night intervening between 26th and 27th March, 2000 and the report came to be lodged on 1st April. 2000. The father of the deceased made allegations that in relation to demand of dowry, cash, motorcycle and other articles, the deceased was treated with cruelty by the husband and other relations of the husband. The further allegations are that the husband of the deceased gave kick blow to his pregnant wife, therefore, she delivered a still child. Thereafter she fell sick and ultimately died an unnatural death. ( 3 ) LEARNED counsel for the applicants submits that even from the F. I. R. , an offence under Section 304-B IPC would not be made out, because there are no allegations against the applicants that either they ever treated the deceased with cruelty or they persuaded the deceased to commit suicide. The further submission is that the applicant No. 1 Ramnath Pathak is a Branch Manager of District Co-operative Bank and is residing separately in connection with his services and as the material allegations are not against them each of them deserves to be released on bail. ( 4 ) ON the other hand, the learned counsel for the State submits that from the FIR and the letters written by the deceased or the relations of the deceased. It would clearly appear that the deceased was granted with cruelty and was not happy. According to the learned counsel for the State, in view of the availability of the evidence, the applicants do not deserve to be released on bail. ( 5 ) I have gone through the letters which have been seized by the prosecution agency. In the said letters, no allegations have been made against the present applicants. The allegations in substance are against the husband of the deceased. The FIR makes the allegations against the husband that when the deceased was pregnant, the husband had kicked her on her abdomen. In the said letters, no allegations have been made against the present applicants. The allegations in substance are against the husband of the deceased. The FIR makes the allegations against the husband that when the deceased was pregnant, the husband had kicked her on her abdomen. ( 6 ) IN support of the application, the applicants have file a certain cash memos to show that after the delivery of the still child, the deceased was properly treated and, medicines were also purchased. ( 7 ) TAKING into consideration that barring general allegations regarding demand of dowry, there are no other allegations that the deceased was treated with cruelty by the present applicants and further talking into consideration that in the letter written by the relations of the deceased, no allegations have been made against the applicants and also taking into consideration that the applicants were not living with their son i. e. the husband of the deceased. I consider present to be a fit case for granting an order under Section 438 Cr. P. C. ( 8 ) IN the event of arrest, the applicants be released on bail on their furnishing personal bond of Rs. 10,000/ (Rs. ten thousand) each with one surety in the like amount, each, to the satisfaction of the arresting officer, for their appearance before the police for the purpose of interrogation and/or before the trial Court or as and where so directed. Certified copy be given today. Application allowed. .