M.Cr.C. No. 2472/2010
29.7.2010
Shri Rajeev Mishra, counsel for the applicant.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard both the parties.
Police Case Diary of Crime No.9/2010 registered at
Police Station Mahila Thana, District Bhopal for offence
punishable under Sections 498-A, 506 I.P.C and 3 /4 of
Dowry Prohibition Act is perused.
Applicant has an apprehension of her arrest in the
aforesaid crime.
Learned counsel for the applicant submits that
applicant is mother-in-law of the complainant but, he has
filed Magistrate’s Decision of Court of Common Pleas,
Delaware County, Ohio Division of Domestic Relations by
which it is clear that the divorce took place between the
complainant and her husband and therefore, due to that
divorce applicant now does not remain the mother-in-law
of the complainant and therefore, offence under Section
498-A cannot be made out against the applicant. The
remaining offences are bailable. The applicant is a
reputed citizen of the locality. She has no criminal past
and therefore, she prays for bail of anticipatory nature.
Learned Public Prosecutor opposes the bail
application.
Keeping in view the submissions made by learned
counsels for the parties and the facts and circumstances
of , I am of the view that this is a fit case for grant of
anticipatory bail to the applicant.
Consequently, this application under Section 438
Cr.P.C is hereby allowed. It is directed that in the event
of arrest of present applicant Smt. Suchitra Tyagi, shall
be released on bail on furnishing a personal bond in the
sum of Rs.20,000/- (Rupees twenty thousand) with a
solvent surety in the like amount to the satisfaction of
the Arresting Authority.
The applicant shall further abide by the conditions
enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 30
days and in the meanwhile, if the applicant so desires,
may move an application for regular bail before the
competent Court.
Certified copy as per rules.
(N.K. Gupta)
Judge
bina