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Madhya Pradesh High Court · body

2006 DIGILAW 737 (MP)

Beena v. State of M. P.

2006-05-18

B.M.GUPTA

body2006
ORDER 1. Heard. Case diary perused. 2. Applicant apprehends her arrest in connection with Crime No. 86/06 of Police Station Ambah District, Morena registered for the offence punishable under sections 304-B, 498-A/34 of IPC. 3. Crime No. 86/06 has been registered against 4 accused persons including the applicant for the aforementioned offence. 4. Shri Kulshrestha submits that the applicant is lethani of the deceased who died within 5 years of her marriage. As alleged she committed suicide by burning on 6.3.2006. Applicant is living separately and was not present in the village on the day of incident because she was busy in the 13th day's rites of her father at village Dodapur District Mainpuri (UP). The attention of the Court has been drawn on the copy of the family card in which applicant, her husband and two minor children have been shown as family members. Annexure A is the Shok Sandesh card which supports the contention of death of one Rajeshwar Singh whose 13th day's rites were performed on 6.3.2006. 5. Shri Mahore submits that on 6.3.2006 Sarpanch of the village telephoned to the father of the deceased that his daughter has died. He reached the spot but could not enter the house because it was bolted from inside. On the same day after about 3 hours he lodged the report at police station, police came on the spot, broke open the doors, entered the house and found the burnt body of the deceased. No family member was present in the house. Shri Mahore submits that as per the statements of father of the deceased recorded on the next day of the incident, the deceased was subjected to cruelty on demand of dowry. About the demand the deceased reported to the parents after 6-7 months of the marriage. The deceased was married before the 3 years of the incident. Shri Mahore also submits that it is not clear on the record that at the time of the incident the other family members/accused were there or not. 6. On consideration of the contentions and perusal of the record available but without expressing any opinion on the merits of the case, this application is allowed and it is ordered that in the event of arrest, applicant shall be enlarged on bail for a period of 40 days on her furnishing a personal bond ofRs. 6. On consideration of the contentions and perusal of the record available but without expressing any opinion on the merits of the case, this application is allowed and it is ordered that in the event of arrest, applicant shall be enlarged on bail for a period of 40 days on her furnishing a personal bond ofRs. 20,000/- (Rupees twenty thousand only) alongwith a surety in the like amount to the satisfaction of the Arresting Officer on the condition that she shall abide by the conditions as prescribed in sub-section 2 of section 438 of CrPC. During this period, if the applicant so desires, may move an application for regular bail before the competent Court, which shall be considered by that Court in accordance with law.