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1992 Supreme(MP) 406

High Court Of Madhya Pradesh
P. N. S. CHOUHAN
NARENDRA SINGH - Appellant
Versus
STATE OF M.P. - Respondents
M. Cr. C. 2427 Of 1992
Decided On : 07/14/1992

Advocates Appeared:
L.S.SINGH, S.C.DATTA

Headnote:Criminal Procedure Code 1973 - Section 438 - Applicant was married to deceased in Sept. 1990 - Deceased died due to burns on 20.5.1992 – Dying declaration to the effect that she accidentally caught fire - Applicant was also burnt in attempting to extinguish fire - Letters written by deceased showing that her relations with applicant husband were normal - Proper case for grant of anticipatory bail.

       Result: Application allowed with some conditions.

       

P. N. S. CHAUHAN, J.

( 1 ) ARGUMENTS heard. Deepa was married to applicant Narendra Singh, son of applicant Rampyaribai, in September 1990 on 20. 5. 1992 Deepa died of burns leaving behind a small child. The incident was promptly reported to the police. The victim was rushed to the hospital where in presence of a doctor, the Executive Magistrate recorded her dying declaration to the effect that she accidentally caught hire. It appears that Narendra Singh was also burnt in attempting to extinguish the fire on Deepa. Certain letters written in the past by the deceased have also been produced to show that her relations with her husband were normal. The mother of the deceased when she arrived at Bemetara where the accident took place along with the other family members, made allegations that Deepa was treated with cruelty by the applicant and his family members which has led to registering of crime under sections 304-B and 498-A of IPC against the applicant. The statement of the mother of the deceased was read over. On due consideration, prayer for anticipatory bail is allowed. In case of arrest in connection with Crime No. 170/90 of P. S. Bemetara, the applicant be released on bail of Rs. 10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of 1. 0. on the following conditions: (i) that he shall make himself available for interrogation by any officer of police as and when required by him at such place or places which he may specify and direct; (ii) that he 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 when called upon to do so; and (iii) that he shall not leave India or his place of residence without previous permission of the Court exercising jurisdiction over him for the time being during the period his presence is required for purposes of interrogation. C. C. on payment. Application allowed with some conditions.


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