Sunny vs The State Of Madhya Pradesh
2021 Latest Caselaw 1634 MP

-1-               MCRC No.20078/21&MCRC No.20066/21
              HIGH COURT OF MADHYA PRADESH,
                         BENCH AT INDORE
                         MCRC NO.20078/21
             Sunny s/o Krishnaknat Lodh vs. State of M.P
                         MCRC No.20066/21
            Payal D/o Krishnakant Lodh vs. State of M.P
28.04.2021: (INDORE):
      Shri O.P Solanki, learned counsel for the applicant.
      Ms.B.Lakkad, learned Panel Advocate for the State.
      These are applications filed u/s 438 Cr.P.C seeking anticipatory
bail as the applicants apprehend their arrest in connection with Crime
No.21/2021 registered at police station Bagdun, Pithampur, district
Dhar for the offence punishable under sections 306 & 34 of the IPC.
      As per the prosecution Story, the marriage of Rinku and the
deceased Vikram was held on 15/05/2013. They lived together for 2-3
years after marriage and Rinku delivered two issues aged about 4-5
years. Thereafter, she has started living separately. Rinku lodged an
FIR against the deceased on 04/12/2020 at Crime No.566/2020 for
offences punishable under Section 498-A, 294, 323, 506 and 34 of the
IPC. After registration of the aforesaid FIR, in the apprehension of
arrest Vikram has committed suicide by hanging himself in his house.
Upon his death, his parents lodged an FIR against Rinku, mother
Alka, father Krishnakant, brother-in-law Sunny, sister-in-law Payal,
Raju @ Rajkishore & one another. The wife, father and mother have
been granted regular bail by the trial Court.
      Learned counsel for the applicants submits that applicant
Sunny is the brother of Rinku and applicant Payal is the sister of
Rinku. Learned counsel further submits that Rinku has lodged an FIR
under Section 498-A of the IPC against the husband and she has
resorted the remedy available under the law that cannot be said to be
an instigation or abetment to commit suicide.
      Learned Panel Advocate appearing for the respondent/State

opposes the prayer.

The law with regard to the applicability of Section 306 of IPC is well settled. The Hon'ble Supreme Court of India in the recent case of Arnab Manoranjan Goswami Vs. State of Maharashtra and Others reported in 2020 SCC OnLine SC 964 has again summarized

-2- MCRC No.20078/21&MCRC No.20066/21 the law in respect of the scope of section 107 & 306 of the I.P.C. , the relevant paragraphs are as under:-

"57. Dealing with the provisions of Section 306 of the IPC and the meaning of abetment within the meaning of Section 107, the Court observed:

"12.In order to bring out an offence under Section 306 IPC specific abetment as contemplated by Section 107 IPC on the part of the accused with an intention to bring about the suicide of the person concerned as a result of that abetment is required. The intention of the accused to aid or to instigate or to abet the deceased to commit suicide is a must for this particular offence under Section 306 IPC. We are of the clear opinion that there is no question of there being any material for offence under Section 306 IPC either in the FIR or in the so-called suicide note."

58. The Court noted that the suicide note expressed a state of anguish of the deceased and "cannot be depicted as expressing anything intentional on the part of the accused that the deceased might commit suicide". Reversing the judgment of the High Court,the petition under Section 482 was allowed and the FIR was quashed."

In view of the aforesaid facts and circumstances, without further commenting on the merits of the case, it would be appropriate to enlarge the applicants on bail. It is directed that in the event of arrest of the applicants in connection with the aforesaid crime number, they shall be released on bail upon their each furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with separate surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C. The applicants shall also co-operate with the investigation.

Certified copy as per rules.

                                             (VIVEK RUSIA)
                                                    JUDGE
        Digitally signed by HARI KUMAR C
hk/     G NAIR
        Date: 2021.04.29 15:02:27 +05'30'