Munni Devi vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This first application under Section 439 of Cr.P.C has been filed for grant of bail.

The applicant has been arrested on 24/05/2022 in connection with Crime No.271/2022 registered at Police Station Dabra City District Gwalior (M.P.) for offence under Sections 304-B, 498-A and 34 of the IPC.

It is submitted by counsel for the applicant that the applicant is the mother-in-law of the deceased, who died within five years of marriage. It is submitted that the allegations are that the applicant was also demanding Rs.05 lacs whereas on the contrary she was depositing Rs.2,000/- per month in the account of the deceased and Rs.1,000/- per month in the account of daughter of the deceased. It is further submitted that the daughter of the deceased, who is aged about 04 years is in jail alongwith the applicant. To substantiate his submissions, learned counsel for the applicant has filed a copy of the order dated 28/05/2022 passed by the JMFC Dabra, District-Gwalior to show that the minor daughter of the deceased is also with the applicant in jail.

Per contra, the application is vehemently opposed by learned counsel for the State as well as complainant. It is submitted that there are specific allegation of demand of Rs.05 lacs against the applicant. In the light of the judgment passed by the Hon'ble Supreme Court in the case of Taramani Parakh Vs. State of Madhya Pradesh and Others reported in (2015) 11 SCC 260, prima facie a case is made out against the applicant.

Heard the learned counsel for the parties.

So far as the fact that the minor daughter of the deceased is languishing in jail alongwith the applicant is concerned, one Brijpal Singh Parmar, who is the maternal grand father of the daughter of the deceased had filed a writ petition in the nature of habeas corpus, which was registered as W.P. No.12494/2022 and was listed today before the Division Bench of this Court. The said writ petition has been dismissed with liberty to the petitioner/ Brijpal Singh Parmar, to assail the order dated 28/05/2022, if permissible under the law.

Even otherwise, if the applicant is of the view that since the minor daughter of the deceased is languishing in jail alongwith her then, she can always hand over her custody to the parents of the deceased.

So far as question of deposit of Rs.2,000/- per month in the account of the deceased and Rs.1,000/- per month in the account of daughter of the deceased is concerned, applicant has filed copies of the pass book from which it appears that a cash amount of Rs.2,000/- and Rs.1,000/- was being deposited respectively in the account of the deceased and her daughter.

Since the amount was being deposited in cash, therefore, it is not clear as to whether the said amount was being deposited by the applicant or by the deceased herself.

In view of the specific allegations, no case is made out for grant of bail.

The application fails, and is hereby dismissed.