High Court Of ChhattisgarhMCRC/356/2018allowed

Hari Bareth And ANR. v. State Of Chhattisgarh

2018-04-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 356 of 2018

1. Hari Bareth S/o Pussau Bareth, Aged About 65 Years

2. Yashoda Bareth W/o Hari Bareth, Aged About 48 Years Both R/o Village Bade Hardi, P/s Pussour, Tahsil Pussour, District Raigarh Chhattisgarh ---- Applicants

Versus

• State of Chhattisgarh Through The Station House Officer of The Police Station Pussour District Raigarh Chhattisgarh, ---- Respondent For Applicants :

Shri Abhishek Saraf, Advocate For Respondent-State :

Shri S.K. Mishra, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/04/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 28.07.2017 in connection with Crime No. 138/2017 registered at Police Station Pussour, District Raigarh (CG) for the offence punishable under Section 304 (B)/34 I.P.C.

2. As per the prosecution case, on 27.06.2017, one Janki Bai Bareth committed suicide by setting herself ablaze. It is stated that she was married to Sukesh Bareth in the year 2016 and she was subjected to torture for demand of dowry, consequently she committed suicide. The present applicants are the father-in-law and mother-in-law of the deceased, they

also committed crime along with the other co-accused.

3. Learned counsel for the applicants submits that immediately after the incident when the merg statements were recorded on 27.06.2017, nothing divulged against the present applicants, but subsequently on 28.07.2017 allegations of demand of dowry were made, therefore, the applicants may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the case-diary. Merg statement contains the statement of Padum Bareth and Gulvari Bai, which was recorded on 27.06.2017. Considering the statements, I am inclined to release the applicants on bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu