Akbari Bee vs The State Of Madhya Pradesh
2023 Latest Caselaw 20906 MP

Madhya Pradesh High Court

Akbari Bee vs The State Of Madhya Pradesh on 11 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                              1
                            IN       THE     HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 11 th OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 49525 of 2023

                           BETWEEN:-
                           AKBARI BEE W/O RAJAK KHAN, AGED ABOUT 53
                           YEARS, OCCUPATION: HOUSE WIFE, R/O; JAMBU GALI,
                           BARWANI DIST. BARWANI (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI VIKAS RATHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER P.S. BARWANI, DIST. BARWANI (MADHYA
                           PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI SANTOSH THAKUR - GOVERNMENT ADVOCATE)

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

Heard on I.A. No.17566 of 2023, which is an application for taking

additional documents taken on record.

2. Documents may be relevant for proper adjudication of this application, therefore, I.A. No.17566 of 2023 is allowed and documents are taken on record.

3. This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.809/2023 registered at Police Station Barwani, District Barwani

(M.P.) for the offence under Sections 306, 498-A, 294, 323, 506 and 34 of IPC

and Section 3/4 of Dowry Prohibition Act.

4. After arguing for some time, learned counsel for the applicant prays for withdrawal of the present anticipatory bail application with liberty to surrender before the trial Court and apply for regular bail.

5 . Accordingly, the first anticipatory bail application preferred under Section 438 of Cr.P.C. is dismissed as withdrawn with the aforesaid liberty.

6. The concerning police authorities are directed to ensure the necessary compliance of judgment dated 31/07/2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Another) arising out of SLP (Crl.) No.3433 of 2023

regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree