Dwarika Prasad And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5475 of 2017

1. Dwarika Prasad & Anr. S/o Late Bhukhau Dewangan, Aged About 45 Years R/o Village Dargaon, Tahsil And P.S. Dhamdha, District Durg, Chhattisgarh

2. Smt. Vimla W/o Dwarika Prasad, Aged About 42 Years R/o Village Dargaon, Tahsil And P.S. Dhamdha, District Durg, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Dhamdha, District Durg, Chhattisgarh ---- Respondent Shri Praveen Dhurandhar, counsel for the applicant/s. Ms. Sunita Jain, Panel Lawyer for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/11/2017 Heard.

The applicants have been arrested in connection with Crime No.106/2017 registered at Police Station - Dhamdha, District - Durg (CG) for alleged commission of offences under Section 306/34 of IPC.

2.

Case of the prosecution is that alleging theft of Rs.11,000/-, the applicants and other co-accused harassed the deceased, due to which, the deceased committed suicide by setting her on fire.

3.

Learned counsel for the applicants argued that it is not a case of such a long and extreme harassment so as to say that it amounted to instigation of commission of suicide so as to attract ingredients of Section 107 IPC. It is further submitted that the allegations are more against the husband whereas the present applicants are father-in-law and mother-in-law. At this stage, therefore, they may be granted bail. 4.

On the other hand, learned State counsel opposes bail application and

submits that because of sustained torture and assault on the deceased by the applicants and the other accused, on false allegations of theft, the deceased was driven to commit suicide. Therefore, the applicants may not be granted bail. 5.

Taking into consideration the submission of learned counsel for the parties, further taking into consideration the genesis of dispute and that investigation is complete, charge sheet has been filed, the applicants are not likely to abscond or tamper with the prosecution witnesses, I am inclined to grant bail to the applicants. 6.

Accordingly, the application is allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court. They shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti