IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 19 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 4347 of 2024 BETWEEN:-

RAHUL JAISWAL S/O ASHOK JAISWAL, AGED ABOUT 30 YEARS, R/O PANCHSHEEL COLONY MUSAKHEDI AZAAD NAGAR DISTRICT INDORE (MADHYA PRADESH)

.....APPLICANT (BY SHRI SANKALP KOCHAR-ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION SATNA KOTWALI DISTRICT SATNA (MADHYA PRADESH)

.....RESPONDENT (BY SMT. NUPUR DHAMIJA-PANEL LAWYER FOR RESPONDENT/ STATE AND SHRI DR. ANUVAD SHRIVASTAVA-ADVOCATE FOR THE OBJECTOR)

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

ORDER

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.429/2023, dated 13.06.2023 registered at Police Station- Kotwali Satna, District-Satna (M.P.) for commission of offence under Sections 498-A, 304-B, 306/34 of IPC and under Section 3/4 of Dowry Prohibition Act, 1961. Applicant is in detention since

14.12.2023.

2. As per the prosecution story, on 04.06.2023, Motilal Jaiswal lodged an FIR alleging that her daughter Preenu Jaiswal's marriage was solemnized on

25.11.2022 as per Hindu Rites with Rahul Jaiswal resident of H.No.106/4, New Panchsheel Colony Musakhedi, Indore. On 12.01.2023, Rahul Jaiswal beat his daughter, on a call made by her, he brought back her daughter and since then she was living with him. On 03.06.2023, at around 10:00 pm when they were sleeping in the house, Preenu committed suicide by hanging herself. During investigation, it was revealed that in marriage Rs.12,00,000/- cash, gold, silver items etc. worth Rs.20,00,000/- were given. It is alleged that only after one month of marriage, applicants started to torture and harass her and she was subjected to cruelty in connection with demand of Rs.10,00,000/- cash, 4 tola gold by husband and in-laws. FIR was registered.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Deceased committed suicide at her parental home which is almost 600kms away from matrimonial home at Indore. Prior to commission of the suicide, she was living with her parents for last more than five months. It is further submitted that deceased was having extra-marital relations with someone else and even after marriage she had not detached herself from her lover. Her lover had forwarded obscene and indecent photographs and other material displaying intimate relations between deceased and her lover, even after marriage. Learned counsel has referred the chat which took place between deceased and her lover and also the material which was forwarded by him to the applicant husband. It is submitted that husband had filed petition for divorce against the deceased before the Family Court at Indore and same was pending. As deceased was living separately for the last 5-6 months, there was no reason for demand of anything in connection with demand of dowry. It is further submitted by leaned counsel that it is not a case of demand of dowry. It is a case where deceased has committed suicide due to her illicit relations with someone else as same was not being approved by the husband and when husband came to know about complex character of his wife, he himself made a distance from her and started legal proceedings to snap nuptial ties. Applicant is in jail for the last two months. He has no criminal background. Final conclusion of trial will take time.

Therefore, it is prayed that applicant may be released on bail.

4 . On the other hand, learned counsel for the State as well as learned counsel for objector have opposed grant of bail. As per learned counsel for objector, suicide after marriage by a newly married wife comes within the ambit and scope of Section 304-B of IPC. It is also the contention that deceased was carrying six months pregnancy. The sample of the fetus has been sent for D