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2014 DIGILAW 608 (MP)

Magan @ Magana Jatav v. State of M. P.

2014-05-26

B.D.RATHI

body2014
Judgment Heard. Case diary has been perused. 2. Applicant has been arrested on 12th October, 2013 in connection with Crime No.421/2013 registered at Police Station Khaniyadhana, Shivpuri for the offence punishable under Section 302 of IPC. 3. As per prosecution story, incident occurred on 5th October, 2013, thereafter Marg was registered on 8th October, 2013 and FIR was registered on 9th October, 2013. 4. Deceased Jihan Singh, who was the husband of Pista Bai, came to his in-laws house situated at village Kapar to take his wife back. Eye witness Amar Singh has stated in his police statement that he has seen Jihan Singh coming out from the house of Sarju Bai (mother-in-law of the deceased) in burnt condition. Sarju Bai was also caught hold by Jihan Singh, therefore, she received some burn injuries. During treatment, Jihan Singh died on 6th October, 2013. 5. Prayer for bail was made on the ground that since long back Pista Bai was living in his parental house where incident occurred because she was subjected to cruel some behavior by her husband Jihan Singh. On the fateful day Jihan Singh came to her in-laws house and wanted to take his wife back forcibly. At that time he was in a drunken position and when Pista Bai denied to go with him he sat himself on fire. Police case was registered against the applicant and other co-accused persons. It is also submitted by Shri Sharma that charge sheet has already been filed and final disposal of the case will take some time, hence it is prayed that the present application may be allowed on the aforesaid grounds. 6. Prayer is opposed by the learned Public Prosecutor. Looking to the facts that on 29th October, 2011, 4th June, 2013 and 31st October, 2011 various FIRs were lodged by Pista Bai W/o deceased Jihan Singh in regard to cruel some behavior metted out to her in her in-laws house, therefore, when Jihan himself came to take her back with him after a long period under intoxication which was supported by Amar Singh and other witnesses, this Court is inclined to grant regular bail to the applicant. 7. Accordingly, it is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. 7. Accordingly, it is directed that the applicant be released on bail on his 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 his regular appearance before the trial Court on the condition that he 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. 8. A copy of this order be sent to the concerned Court for necessary compliance. Certified copy as per rules.