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IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 24 th OF APRIL, 2024
MISC. CRIMINAL CASE No. 4461 of 2024

BETWEEN:-
GULAB PATEL S/O SHRI RAJKUMAR PATEL, AGED
ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB R/O
VILLAGE NAUDIYA P.S. LAUR DISTRICT REWA
(MADHYA PRADESH)

.....APPLICANT
(BY SHRI SURENDRA SINGH - SENIOR ADVOCATE WITH SHRI SHIVAM
SINGH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SAMAN DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENT
(BY SHRI BINOD KUMAR TIWARI - ADVOCATE FOR THE OBJECTOR AND
MS. GEETA YADAV - PANEL LAWYER )

This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439
of the Code of Criminal Procedure for grant of regular bail relating to Crime
No.438/2023 registered at Police Station - Sman, District Rewa (M.P.) for the
offences punishable under Sections 498A, 304B of IPC and 3/4 of Dowry
Prohibition Act. Applicant is in detention since 12.12.2023.
2. As per the prosecution story, the allegation against the applicant is that
he and his parents used to harass her due to which deceased Jaysurya
committed suicide by hanging herself at her parental house. On the basis of
Signature Not Verified
Signed by: ANUPRIYA
SHARMA
Signing time: 4/25/2024
4:36:09 PM
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aforesaid, Police registered the case against the present applicant under the
aforesaid Sections.
3. Learned counsel for the applicant submitted that applicant is in jail
since 12.12.2023. He has been falsely implicated. Charge sheet has been filed.
There is no criminal record of the applicant. Applicant and deceased had a love
marriage. She committed suicide at her parental house on 18.11.2023 and FIR
was lodged on 12.12.2023. At the time of inquest report, brother of the
deceased Kesu Singh was present but he has not stated anything that her sister
was torchered or harassed. In support of his submissions, learned senior
counsel has placed reliance on judgment delivered by Supreme Court in the

case of Ramaiah @ Rama Vs. State of Karnataka AIR 2014 SC 3388 in

which the complaint regarding demand of dowry by the accused persons was
lodged after three days of cremation of the dead body. Mother of the deceased
and her maternal uncle and aunt were present before the cremation of dead
body and performed last rites of the deceased. It was held by the apex Court
that their conduct was unnatural and in such circumstances delay in lodging FIR
is fatal. Therefore, it has been prayed that the applicant may be released on
bail.
4. On the other hand, learned counsel for State and counsel for the
objector have opposed the prayer for grant of bail to the applicant. It is
submitted that present applicant is husband of the deceased. It is also submitted
that date of incident is 18.11.2023 and statement of brother was recorded on
24.11.2023 i.e. within six days. There was injury on the neck of the deceased. It
is further submitted that from the statement of witnesses, it reveals that he used
to torchered the deceased regularly and continuously demanded the dowry from

Signature Not Verified

Signed by: ANUPRIYA
SHARMA
Signing time: 4/25/2024
4:36:09 PM
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her.
5. Heard learned counsel for the parties and perused the case diary.
6. So far as proceedings regarding inquest report under Section 174 of
Cr.P.C is concerned, in the case of Bimla Devi Vs. Rajesh Singh and anr
2017(1) ANJ (SC) 316, the Supreme Court has held that the inquest report by
the police officer is prepared under Section 174 of the Cr.P.C. The scope of
the section is investigation by the police in cases of unnatural or suspicious
death. However, the scope is very limited and aimed at ascertaining the first
apparent signs of the death. In Pedda Narayana Vs. State of A.P (1975) 4
SCC (Cri) 641, Supreme Court has held that the proceedings under Section
174 have a very limited scope. The object of the proceedings is merely to
ascertain whether a person has died under suspicious circumstances or an
unnatural death and if so what is the apparent cause of the death. The question
regarding the details as to how the deceased was assaulted or who assaulted
him or under what circumstances he was assaulted is foreign to the ambit and
scope of the proceedings under Section 174. Neither in practice nor in law was
it necessary for the police to mention those details in the inquest report.
7. Looking to the aforesaid, and seriousness of the offence, I am not
inclined to grant bail to the applicant. Hence, the same is dismissed.

(PRAMOD KUMAR AGRAWAL)

JUDGE
anu

Signature Not Verified

Signed by: ANUPRIYA
SHARMA
Signing time: 4/25/2024
4:36:09 PM