Shiv Kumar And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 174 of 2020

1. Shiv Kumar, son of Shri Sarban @ Sarvan, aged about 29 years,

2. Sarvan Kumar, son of Shri Mahettar, aged about 58 years,

3. Samrin, w/o Shri Sarvan, aged about 55 years,

4. Ku. Gurwari, D/o Shri Sarvan, aged about 21 years, All by caste - Kahar, R/o Village Malkharauda, Police Station Malkharauda, District Janjgir Champa (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Malkharauda, District Janjgir-Champa, (CG) ---- Non-Applicant For Applicant : Shri Roop Naik, Advocate.

For Non-Applicant : Shri Siddharth Dubey, Deputy GA. Proceeding through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/06/2020 :

1. The applicants have preferred this bail application for grant of anticipatory bail as they apprehend their arrest in connection with Crime No.296/2019, registered at Police Station Malkharauda District Janjgir Champa for offences punishable under Sections 498-A, 294, 506 and 323/34 of the IPC.

2. The applicant No.1 being a Government servant working as Constable in the State Police Department was married with the complainant on 14.5.2017. On account of dispute between husband and wife, the wife left the matrimonial home and later on lodged the present complaint alleging demand of dowry and ill-treatment by the applicant No.1 and is relatives.

3. Considering that the applicant No.1 is a Government servant and in the event of arrest in a matrimonial offence, he may face action under Rule 9 of the Chhattistarh (Classification, Control and Appeal) Rules, 1966, present is considered to be a fit case for grant of anticipatory bail to the applicants.

4. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) they shall make themselves available for interrogation by a police officer as and when required;

(ii) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve