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Judgment
@JUDGMENT-JUDGMENT
The applicants have preferred this application for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.381/2019,
registered at Police Station Takhatpur, District Bilaspur for offences punishable under Section 302/34 of the IPC and Sections 3 & 4 of the Dowry
Prohibition Act.
The applicants are parents of one Bhupendra, who committed murder of his wife Kamna and thereafter himself committed suicide. This incident
occurred on 24.8.2018. The concerned Police registered the FIR on 26.12.2019 for offence under Section 302/34 of the IPC and under Section 3 & 4
of the Dowry Prohibition Act.
FIR read out by the learned State Counsel would reveal that the allegations against the present applicants are concerning demand of dowry.
However, it is an admitted fact that the deceased was murdered and was not subjected to dowry death. It is for this reason the police has not yet
registered the offence under Section 304¬B of the IPC against these applicants.
Considering the fact that the allegations against the present applicants are mainly in respect of offence under Section 3 & 4 of the Dowry
Prohibition Act; till date there is no material against them in the case diary as to in what manner they have shared common intention when their son
committed murder of deceased Kamna and also for the reason that this Court has already allowed interim bail to the applicants on 28.5.2020, present
is considered to be a fit case for exercising power under Section 438 of the CrPC.
Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on
each of them executing a personal bond for a sum of Rs.50,000/¬ with one surety in the like sum to the satisfaction of the arresting officer with the
following conditions:¬
(i) they shall not influence the witnesses during trial.
(ii) they shall make themselves available for interrogation by a police officer as and when required;
(iii) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade
him from disclosing such facts to the Court or to any police officer.