IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA ON THE 18^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 52785 of 2022 BETWEEN:-

SAWARIYA S/O PANNALAL, AGED ABOUT 29 YEARS, OCCUPATION: DRIVER R/O GRAM NAGPUR SANWER INDORE (MADHYA PRADESH)

.....PETITIONER (BY MR AVINASH TRIVEDI-ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION SANWER DISTRICT INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY MR GAURAV SINGH CHAUHAN-GOVERNMENT ADVOCATE)

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

ORDER

1. This is first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.485/2022 registered at Police Station Sanwer, District Indore (MP) for offence punishable under Sections 306 and 34 of IPC .

2. As per the prosecution, deceased Suman Parmar was married to co-

accused Kanha Parmar in the year 2017. She committed suicide by consuming Signature Not Verified Signed by: RASHMI a poisonous substance on 10-09-2022 after which statements of her family members were recorded in which they stated that despite lapse of period of about five years deceased was not able to give birth to a child and was being treated by her husband for the same which was resulting in considerable expenditure. The husband, in-laws and the applicant all used to abuse the deceased and used to tell her that money is being spent for her expenditure which she should get from her parents. They use to physically and mentally harass the deceased on that ground, and use to pressurize her to get money from her parents. Father of the deceased had given a sum of Rs. 1,50,000/- to the husband and in-laws of the deceased this year itself. However, since their demands continued the deceased eventually committed suicide due to the harassment. On the basis of statements of the family members of the deceased, the accused including the present applicant has been implicated and arrested for the present offence.

5. Learned counsel for the applicant submits that the applicant is innocent and has wrongly been implicated in the case . He had never harassed the deceased mentally or physically and had never beaten her nor told her to get money from her parents. He never instigated or abated the deceased to commit suicide. It cannot be said that due to the acts of the applicant the deceased had no other option except to commit suicide. The applicant alongwith his wife and two children are residing in different house though in the same village and have a different Samagrya ID, hence, there was no occasion for him to have caused any harassment to the deceased. On such grounds prayer for grant of benefit of Anticipatory bail to the applicant has been made.

6. The aforesaid prayer has been opposed by the learned counsel for Signature Not Verified the respondent/State submitting that in view of the allegations leveled against the Signed by: RASHMI

6:31:40 PM applicant and the material collected by the prosecution against him, he is not entitled to get the benefit of anticipatory bail.

7. I have heard learned counsel for the parties and have perused the case diary.

8. The allegation against the applicant is of harassing the deceased mentally as well as physically on account of her not being able to give birth to a child and expenditure having been incurred in that regard and demanding from her to get money from her house. The father of the deceased also appears to have paid a sum of Rs. 1,50,000/- to the family of the deceased this year itself. However, surprisingly only Section 306/34 in the present matter has been invoked by the prosecution though it appears that offences under various other sections of the IPC have also been committed by the accused as per the allegations leveled by the family members of the deceased. However, the applicant is shown to have been residing alongwith his wife and two children in