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Madhya Pradesh High Court · body

2014 DIGILAW 1016 (MP)

Gona Bai v. State of M. P.

2014-08-13

B.D.RATHI

body2014
JUDGMENT 1.Arguments heard. Perused the case diary. This is first bail application under Section 439 of Cr.P.C. preferred by the applicant. Applicant has been arrested on 21-06-2014 in connection with Crime No. 141 of 2014 registered at Police Station Bhander, District Datia (M.P.) for the offence punishable under Section 304-B/34 of IPC. 2. As per prosecution story, incident occurred on 10.04.2014 at about 10:30 pm when Smt. Rachna has got received burn injuries. Her marriage was solemnized within seven years with Maniram who is son of present applicant. She was brought to the Medical College, Jhansi from where one phone call was received by the police on 19.04.2014 that she had died due to burn injuries. Marg No. 8/14 was registered. 3. Prayer for bail was made on the ground that after lapse of a period of two months statement of parents and brother of deceased were recorded and they have made omnibus allegations against the whole family members of Maniram who was husband of Rachna (since deceased). 4. On the other hand, learned Panel Lawyer for the State, opposed the prayer and requested for dismissal of the application. 5. Looking to the facts and circumstances of the case and on perusal of of statement of witnesses it reflects that after lapse of 2-3 years of marriage of Rachna (since deceased) she was subjected to cruelty by her in-laws on non-fulfilling the demand of motorcycle in dowry but neither FIR was lodged nor any complaint was made and further applicant is a lady, but without expressing any opinion on the merits of the case, present application is allowed and it is directed that the applicant be released on bail on her furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for her regular appearance before the trial Court on the condition that she shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. and so also as imposed by the trial Court. A copy of this order be sent for compliance to the Court concerned. Certified copy as per rules.