Smt. Rajkumari vs The State Of Madhya Pradesh
2022 Latest Caselaw 17131 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SMT. JUSTICE NANDITA DUBEY
                                               ON THE 26 th OF DECEMBER, 2022
                                          MISC. CRIMINAL CASE No. 59518 of 2022

                           BETWEEN:-
                           SMT. RAJKUMARI W/O SHRI JITENDRA DAGOR, AGED
                           ABOUT 35 YEARS, OCCUPATION: HOUSE WIFE, R/O
                           H.NO. H-1/T.F. 14 BAJPAYEE NAGAR, IDGAH HILLS,
                           BHOPAL (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI S. SHRIVASTAVA- ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH P.S.
                           PIPLANI BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI RAMJI PANDEY-GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                                ORDER

This is the first application filed by the applicant under Section 438 of

Cr.P.C. for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.925/2022 registered at Police Station Piplani district Bhopal for the offences punishable under Sections 306 of IPC and Sections 3/4 of MP Riniyon Ka Sanrakshan Adhiniyam.

As per the prosecution, the deceased has taken a loan amount of Rs.5000-6000 from the present applicant. It is stated that the present applicant

Signature Not Verified was pressurizing him to return the said amount along with interest. It is alleged Signed by: MANZOOR AHMED Signing time: 12/26/2022 4:55:01 PM

that on 10.11.2022 the engagement of the deceased's sister was fixed and at that time it is stated that the present applicant called up the deceased to return the amount, else she would create a commotion at the house of the deceased. Under such pressure for demand of return of money with interest the deceased committed suicide by consuming acid.

Learned counsel for the applicant submits that the offence under Section 306 of IPC is not made out, as the ingredients of Section 107 of IPC are not fulfilled. It is stated that the present applicant has neither instigated nor abetted the crime. He has also relied on the judgment of the Hon'ble Apex Court in the case of Sanjay Sengar Vs. State of MP reported in AIR 2002 SC 1998.

Learned counsel for the State has vehemently opposed the bail application, however he has not disputed the facts as mentioned in the case diary, though he has read out the statement of the wife of the deceased, wherein it is stated that the deceased requested the present applicant to give some more time which she refused, but that could not be a ground for committing suicide or abetment.

In view of the aforesaid and without adverting into the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty Thousand only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall also abide by the conditions enumerated in sub Section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 12/26/2022 4:55:01 PM

(NANDITA DUBEY) V. JUDGE Ansari

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 12/26/2022 4:55:01 PM