Rachna Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1119 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-15258-2021 Rachna Ahirwar Vs. State of MP

Gwalior, Dated : 26.03.2021

Ms. Sangeeta Pachauri, Counsel for the applicant.

Ms. Uma Kushwah, Panel Lawyer for the State.

Case Diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 08.02.2021 in connection

with Crime No.385/2020 registered by Police Station Civil Lines

District Datia for offence punishable under Sections 304-B, 498-A,

34 of IPC and Section 3/4 of Dowry Prohibition Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, the deceased committed suicide leaving behind

a two month old infant baby. The allegations, which have been

levelled against the applicant, are that the applicant, who is sister-in-

law (Jethani) of the deceased, was harassing her and the deceased

was also making complaint to her parents that the applicant has some

relationship with the husband of the deceased. It is submitted that the

allegations are false. It is true that any lady would not commit suicide

after leaving her two month's old infant baby, but because of

hormonal changes, sometimes a woman may commit suicide after

delivery of a baby. It is further submitted that in the light of the

judgment passed by the Supreme Court in the case of Arnesh Kumar

Vs. State of Bihar reported in (2014) 8 SCC 273, the petitioner is

THE HIGH COURT OF MADHYA PRADESH MCRC-15258-2021 Rachna Ahirwar Vs. State of MP

entitled to be released on bail. It is further submitted that the

applicant has minor children, who are also in jail along with the

applicant and the police after concluding the investigation, has filed

the charge-sheet.

Per contra, the application is opposed by the counsel for the

State. It is submitted that the allegations against the applicant are that

she was having some relationship with the husband of the deceased

and on that account, it was alleged that the applicant as well as the

husband of the deceased were harassing the deceased and were

making a demand of LCD TV, Gold Chain, Ring, Motorcycle and

Cash Amount. So far as the law laid down by the Supreme Court in

the case of Arnesh Kumar (supra) is concerned, it is submitted that

since the maximum sentence for offence under Section 304-B of IPC

is life imprisonment, therefore, the observations made by the Supreme

Court in the case of Arnesh Kumar (supra) would not be applicable.

Considering the submissions made by the counsel for the

parties as well as looking to the allegations made against the

applicant, this Court is of the considered opinion that it is not a fit

case for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.03.27 13:57:52 +05'30'