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Madhya Pradesh High Court · body

2018 DIGILAW 82 (MP)

Tirath Prasad v. State

2018-01-18

C.V.SIRPURKAR

body2018
JUDGMENT : C.V. Sirpurkar, J. 1. Heard on this first application for bail under Section 439 of the Code of Criminal Procedure, filed on behalf of petitioners Tirath Prasad, Munnibai, Ramkumar, Shivkumar, Smt. Mamtabai and Vishnu Prasad in Crime No. 713/2017 registered by P.S. Kotwali, District-Narsinghpur under Sections 498-A and 304-B read with Section 34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. At the outset, learned Counsel for the petitioners prays for withdrawal of this first application for bail filed on behalf of petitioner No. 6 Vishnu Prasad, husband of the deceased. 2. Consequently, prayer made on behalf of petitioner Vishnu Prasad is dismissed as withdrawn. 3. Now the Court shall consider the bail application filed on behalf of petitioners Tirath Prasad (father-in-law), Munnibai (mother-in-law), Ramkumar (brother-in-law), Shivkumar (brother-in-law) and Smt. Mamtabai sister-in-law (Bhabhi), on merits. 4. As per the prosecution case, deceased Durga had married petitioner No. 6 Vishnu Prasad on 19.4.2014. At the time of marriage, suitable dowry was given and deceased Durga was kept well for a period of about 3 months. Thereafter, the petitioners started to harass and persecute the deceased for a motorcycle and Rs. 50,000 in cash by way of dowry. Remaining co-accused persons used to incite petitioner husband Vishnu Prasad to beat the deceased. During the period of about 3 months, deceased kept returning to her maternal home because of ill-treatment in her matrimonial home. Reports in police were also lodged but on each occasion, her husband Vishnu Prasad had come and took her back to her matrimonial home. Ultimately, the deceased committed suicide by setting herself on fire on 12.10.2017. She expired the same evening. 5. Learned Counsel for petitioners submits that no specific allegations have been ascribed in the incident to petitioners Tirath, Munnibai, Ramkumar, Shivkumar and Smt. Mamtabai. The allegations that have been levelled against them are omnibus in nature and mainly relate to provoking husband Vishnu Prasad to beat the deceased. It has further been submitted that in fact it was the deceased herself who had uncontrolled urged to return to her maternal home ever so often, which had led to stress between the couple. She also used to threaten that she would commit suicide and implicate her in-laws. Learned Counsel for the petitioners has invited attention of the Court to the numerous complaints lodged by the husband regarding the behaviour of his wife. She also used to threaten that she would commit suicide and implicate her in-laws. Learned Counsel for the petitioners has invited attention of the Court to the numerous complaints lodged by the husband regarding the behaviour of his wife. Petitioners have been in custody since 7.11.2017; therefore, it has been prayed that the petitioners be released on bail. 6. Learned Government Advocate for the respondent/State on the other hand has opposed the application. 7. However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned Counsel for the petitioners, in the opinion of this Court, petitioners deserve to be released on bail. 8. Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of petitioners Tirath Prasad, Munnibai, Ramkumar, Shivkumar and Smt. Mamtabai, is allowed. It is directed that petitioners Tirath Prasad, Munnibai, Ramkumar, Shivkumar and Smt. Mamtabai shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000 with a solvent surety in the same amount each to the satisfaction of the Trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Cr.P.C. Certified copy as per rules.