Allowed

Mrs. Preeti v. the State of Madhya Pradesh

Madhya Pradesh HC9 May 2023MCRC/19568/2023

Case brief

AI extract

What is this about?

Hon'ble Justice Anil Verma allowed the bail application of Preeti W/o Pankaj Patidar in a case involving alleged dowry harassment and death by suicide. The court noted that the deceased made no complaint prior to the incident and no dying declaration was recorded. The investigation was complete, and the applicant was released on bail.

What did the court decide?

The applicant was released on bail by furnishing a personal bond in the sum of Rs. 75,000/- with one solvent surety in the like amount.

Mrs. Preeti Vs the State of Madhya Pradesh — Dowry and Cruelty | Madhya Pradesh HC (2023)

¶1

¶2

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

¶3

BEFORE

¶4

HON'BLE SHRI JUSTICE ANIL VERMA ON THE 9^th OF MAY, 2023 MISC. CRIMINAL CASE No. 19568 of 2023

¶5

BETWEEN:-

¶6

MRS. PREETI W/O PANKAJ PATIDAR, AGED ABOUT 32 YEAR S , OCCUPATION: HOUSEWIFE, R/O VILLAGE DHONSWAS RATLAM DISTT. RATLAM (MADHYA PRADESH)

¶7

.....APPLICANT

¶8

(BY SHRI NAVENDU JOSHI - ADVOCATE)

¶9

AND

¶10

THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION NAMLI, DISTRICT RATLAM (MADHYA PRADESH)

¶11

.....RESPONDENT

¶12

(BY SHRI KAPIL MAHANT - PANEL LAWYER)

¶13

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

¶14

ORDER

¶15

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.97/2023 registered at Police Station Namli, District Ratlam (M.P.) for the offence under Sections 304-B and 498-A of the Indian Penal Code, 1860. The applicant is in custody since 04/04/2023.

¶16

As per prosecution story, marriage of the deceased Varsha Patidar was solemnized with Sachin Patidar about two years ago. After the marriage, brother-in-law Pankaj and his wife Preeti (present applicant) used to mentally

¶17

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/1 0/2023 1:14:14 PM

¶18

2 harassed the deceased by saying that she do not cook good food. They used to harass her mentally by saying that dowry items given at the time of marriage were bad. Due to mental and physical harassment given by the applicant, deceased committed suicide by consuming some poisonous substance. Accordingly, offence has been registered against the applicant.

¶19

Learned counsel for the applicant submits that the applicant is an innocent person and she has been falsely implicated in this offence. She is in custody since 04/04/2023. Investigation is over and charge sheet has been filed. Ingredients of Section 304-B and 498-A of IPC are not attracted in the instant case. Applicant is the permanent resident of Ratlam district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

¶20

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

¶21

Perused the impugned order of the trial Court as well as the case diary. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that deceased did not left any suicidal note behind her and there is no dying declaration by deceased; she did not made any complaint prior to the incident against the applicant or any other accused person; investigation is over, therefore, no further custodial interrogation of the applicant is required; applicant being a housewife is a 32 years old lady and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

¶22

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/1 0/2023 1:14:14 PM

¶23

¶24

It is directed that applicant be released on bail on her furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for her appearance before the trial Court, as and when required. She shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

¶25

Certified copy as per rules.

¶26

(ANIL VERMA) JUDGE

¶27

Tej

¶28

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/1 0/2023 1:14:14 PM

Mrs. Preeti v. the State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

Mrs. Preeti v. the State of Madhya Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases