High CourtsSingle Bench(2023) 01 MP CK 0025

Monika Shrivas vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 January 2023

HON’BLE JUDGES
Atul Sreedharan, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.61997 Of 2022

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Judgment

7 paragraphs · 285 words

Atul Sreedharan, J

This is the first application of the applicant under Section 438 of Cr.P.C., who is apprehending her arrest in connection with Crime No. 895/2022 registered at Police Station: Murar, District Gwalior (M.P.) for offences under Sections 306, 34 of IPC.

The applicant is married to the brother-in-law of the deceased. The deceased is married to the real brother of the applicant's husband. They are living together in the same premises but in two different domestic establishments. She committed suicide on 24/09/2022 by hanging. The mode of death or the nature of death is not disputed by the State.

Learned counsel for the State while opposing the application for grant of anticipatory bail, has submitted that there is a suicide note left behind by the deceased, in which she stated that the applicant continuously harasses her and her children. The nature of the harassment, the dates on which such harassment was met out has not been stated in the said suicide note.

Learned counsel for the applicant, on the other hand, submits that when two families are living together, domestic friction is normal and natural and that the deceased may have been overtly sensitive to the small issues.

Be that as it may, looking to the facts and circumstances of this case and what has been argued, recorded and considered by this Court herein above, the application is allowed. It is directed that if the applicant herein is arrested by the Arresting Officer, she shall be enlarged on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer.

C.C. As per rules.