Natthu Yadav Vs. State of MP

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 1015 of 2015, Judgment Date: Jan 23, 2015

 
M.Cr.C. No  ::  1015 / 2015

 
Natthu Yadav       Vs.       State of MP
 
23.01.2015.
Shri Arpan Pawar for the applicant.
Shri Manoj Kushwaha, PL, for the State.
Applicant has been arrested on 30.10.2014 in connection
with Crime No.460/2014 registered at Police Station Sohagpur,
District Shahdol for offence under sections 498-A, 304-B/34 of the
IPC and under section ¾ of the Dowry Prohibition Act.
Available in the case diary is the dying declaration of the
deceased wife. On a perusal of the same, it is seen that in the
dying declaration she makes no allegation with regard to demand of
dowry. On the contrary she simply says that she had a fight with
her husband the previous night and that she is burning herself. That
apart, the medical report of the applicant also shows that he has
sustained multiple superficial burn injuries.
Considering the fact that there is allegation with regard to
demand of dowry in the dying declaration, prima facie an offence
under section 304-B IPC seems to be not made out.
Taking note of all these circumstances and the fact that the
applicant is in custody since 30.10.2014, the application is allowed.
Applicant Natthu Yadav be released on bail on his furnishing a
personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand)
with one surety in the like amount to the satisfaction of the trial
court.
CC as per rules.
 
   (RAJENDRA MENON)                       
                                                    J U D G E

Aks/-