Husband’s brother gets bail  even though wife is dead.. M.P. HC 

In this classic case, a young woman dies, under  mysterious consciences, by hanging … Dowry and 304B cases are filed  on the husband and his relatives … however  husband’s brother gets BAIL, as he is just 21 years old, and he STAYS SEPARATELY !!

         ( Mayank Vs. State of M.P.)


Shri Sanjay Singh, Advocate with Shri Indar Asthana, Advocate, for the applicant.


Shri Rajendra Singh Yadav, Public Prosecutor, for the respondent/State.
This is the first application for anticipatory bail under Section 438 of the Cr.P.C.
The applicant is apprehending his arrest in connection with Crime No.33/15 registered at Police Station Pandokhar, District Datia (M.P.) for the offence punishable under Sections 498-A, 304-B, 34 of IPC and Section 3 / 4 of Dowry Prohibition Act.
It is alleged that Neelam was married to Manbhavan on 20.05.2013. The applicant is the younger brother of Manbhavan. Neelam in the intervening night of 7-8 March, 2015, died at her matrimonial home in suspicious circumstances by hanging. On this report, Crime was registered. During the course of investigation, it is found that husband Manbhavan, father-in-law Ramavatar, mother-in-law Rammurti, sister-in-law Upasana and brother-in-law applicant/Mayank were demanding 1,00,000/- rupees as dowry. Because, the demand was not fulfilled, the deceased Neelam was subjected to cruelty and harassment. Because of this, she died by hanging.
On behalf of the applicant, it is submitted that applicant is 21 years young man and is a student. The applicant is residing separately. In support of this, copy of Ration Card has been annexed. It is further claimed that the applicant has been falsely implicated after the death of the deceased Neelam. Applicant is nothing to do with the demand of dowry, cruelty or harassment to the deceased.

Learned Public Prosecutor for the State opposed the application.
Considering the fact that the applicant is younger brother of the husband of deceased and is living separately, following the law laid down in “Arnesh Kumar Vs. State of Bihar & another 2014 Legal Eagle (SC) 552″application under Section 438 of Cr.P.C. is allowed.
It is directed that applicant make himself present before the C.J.M., Datia, within 10 days from today and in the event of his arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 50,000/-(Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of Arresting Officer.
The applicant is directed to join the investigation immediately and to fully co-operate with the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

In view of the ratio laid down by Hon’ble Apex Court in Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Others JT 2010 (13) SC 247, this order shall remain in force till the end of the trial.
Certified copy as per rules.


(S.K. Palo)





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