Research › Search › Judgment

Rajasthan High Court · body

2013 DIGILAW 1530 (RAJ)

Madhu Tiwari v. State of Rajasthan

2013-09-04

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present application under Section 438 Cr.P.C. has been filed by the accused-petitioner, Madhu Tiwari, praying, for grant of pre-arrest bail in a case arising out of F.I.R. No. 72/2013, registered at Police Station, Baswa, District Dausa, for offence under Section 302/34 I.P.C. 2. Mr. Amit Poonia, the learned Public Prosecutor for the State, has very fairly submitted that the Investigating Agency has deleted offence under Section 302/34 I.P.C. and has decided to prosecute the petitioner for offence under Section 306 I.P.C. 3. In the present case, Sml. Mithlesh Sharma @ Pinki has committed suicide. The petitioner, Madhu Tiwari, is stated to be the wife of elder brother of the husband of the deceased (Jethani). 4. As per prosecution case, the petitioner, Madhu Tiwari, had insisted for partition of the joint property of the family. Deceased allegedly felt harassed and committed suicide, along with her two children. 5. It is a moot point whether seeking partition of the joint family property, petitioner has committed offence of abatement to suicide or not? 6. Considering the nature of the allegations, this Court is of the view that the custodial interrogation of the petitioner is not warranted. 7. Consequently, the present application is accepted. It is ordered that in the event of arrest, the accused-petitioner shall be released on bail to the satisfaction of the Arresting Officer. The petitioner shall undertake to abide by the conditions specified under Section 438(2) Cr.P.C. and to appear before the Investigating Officer as and when called for.Bail application allowed. *******