Neha Naveriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 10935 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 14 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 28006 of 2023

                           BETWEEN:-
                           NEHA NAVERIYA W/O SHRI MANISH NAVERIYA, AGED
                           ABOUT 34 YEARS, OCCUPATION: SERVICE, R/O NGO B-
                           BLOCK, ROOM NO 4, POLICE LINES SAGAR
                           PERMANENTLY RESIDING AT JATASHANKAR MARG
                           BAJARIYA, WARD NO 6, DAMOH (MADHYA PRADESH).

                                                                                              .....APPLICANT
                           (SHRI ANIL KHARE - SENIOR ADVOCATE WITH MS. MANISHA KHARE -
                           ADVOCATE FOR APPLICANT)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MOTI NAGAR DISTRICT SAGAR (MADHYA
                           PRADESH).

                                                                                          .....RESPONDENTS
                           (SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE FOR STATE AND
                           SHRI DEEPAK KUMAR SINGH - ADVOCATE FOR OBJECTOR)

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

                           following:
                                                                ORDER

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No. 271/2023, registered at Police Station-Moti Nagar, District Sagar (M.P.) for the the offence punishable under Sections 304-B, 498-A, 34 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act.

2 . Learned Senior Counsel appearing for applicant submitted that applicant is innocent and falsely being implicated in the case. It is submitted that Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:00:27

applicant is having separate residence and commensality. She is Steno in Police Department and has been allotted government quarter. It is further submitted that applicant has recently delivered a baby at Damoh. It is also argued that there is no demand of dowry ever made by applicant. Though, there is some allegations regarding cruelty being meted out to deceased by applicant but same will not make out offence under Section 304-B of IPC. At best, that can be cruelty under Section 498-A of IPC.

3. Learned Senior Counsel appearing for applicant also relied on judgment passed by Apex Court reported in (2022) 6 SCC 599, Kahkashan Kausar @ Sonam and others vs State of Bihar and others, wherein it has

been stated that Court should be careful and cautious while considering cases of distant relatives of husband. The Apex Court has stated that distant relatives are generally falsely implicated in the case. In these circumstances, it is prayed that applicant may be granted benefit of anticipatory bail.

4 . Learned Government Advocate appearing for State as well counsel appearing for objector opposed the application for grant of anticipatory bail. It is submitted that applicant is Steno in Police Department and having some influence. There was great difficulty in lodging of FIR with police and police is also not taking any action against accused persons in the case. It is further submitted that there is allegation of demand of dowry against applicant in FIR. It is not a case that no allegations of demand of dowry has been made against applicant in FIR. It is further submitted that Laxmi Narayan Sharma (father of deceased) has given statement, in which it has been stated that applicant Neha Naveria used to beat the deceased when she does not keep her child properly. In these circumstances, applicant may not be enlarged on anticipatory bail.

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:00:27

5. Heard the counsel for the parties.

6. Applicant is residing at Sagar. In case diary statement it has been stated that applicant regularly used to visit the house of deceased and used to leave her daughter in their house. This shows that applicant is having some influence over the house of Neeraj. She also used to leave her small child with deceased and there is also allegation that she used to beat the deceased and she was treated physically. In FIR also there is allegations of demand of dowry against applicant. Applicant is residing in same place. Delivery of applicant has taken place on 24.05.2022 and incident of suicide happened on 10.02.2023 i.e. one year after the date of delivery. Case of applicant is not similar to that of co- accused persons namely Mamta and Manish and applicant stands on completely different footing.

7. Considering aforesaid circumstances, anticipatory bail application filed by applicant is dismissed.

(VISHAL DHAGAT) JUDGE vkt

Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 14-07-2023 18:00:27