Smt Poonam Batham vs The State Of Madhya Pradesh
2022 Latest Caselaw 7155 MP

                                     1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 11th OF MAY, 2022

                MISC. CRIMINAL CASE No. 23694 of 2022

         Between:-
         SMT POONAM BATHAM W/O SHRI BANTI ALIAS
         PRADEEP BATHAM , AGE - 34 YEARS,
         OCCUPATION: HOUSEWIFE, R/O 364 BHIND
         WARD NO. 3, DISTRICT BHIND (MADHYA
         PRADESH)

                                                             .....APPLICANT
         (BY SHRI ANSHU GUPTA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION HAZIRA, DISTRICT GWALIOR
         (MADHYA PRADESH)

                                                           .....RESPONDENT
         (BY SMT. ANJALI GYANANI - ADVOCATE)

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

Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.180/2022 registered at Police Station Hazira, District Gwalior for offence under Section 498-A, 304-B, 34 of IPC.

It is submitted by the Counsel for applicant that the applicant is the married sister-in-law of the deceased. She is having two minor children. The

deceased got married on 26.04.2016 and she died on 15.04.2022. The apparent reason for commission of suicide is that the Bhagwat Katha was organized by the parents of deceased and although she was permitted to attend the Bhagwat Katha but it appears that she was not sent for Bhandara and therefore she committed suicide. There is no allegation that applicant was in any manner responsible for not sending the deceased to attend Bhandara. The applicant is residing separately. She has no reason to interfere with the family life of deceased. Even otherwise, omnibus and vague allegations have been made with regard to harassment and demand of dowry. She is ready and willing to cooperate with the investigation. The trial is likely to take sufficiently long time

and there is no possibility of her absconding or tampering with prosecution case.

Per contra, application is vehemently opposed by Counsel for State. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 18/05/2022, she shall be released on bail on her furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make herself available for interrogation by the Investigating Officer as and when required. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 18/05/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take

her in custody.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.05.11 15:34:36 +05'30'