Rita Mane v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 400 of 2021 • Rita Mane W/o Avinash Mane, aged about 42 years, R/o Civil Line, Lal Bag, Jagdalpur, District Bastar (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through : The Police Station - Kotwali, Jagdalpur, District Bastar (C.G.) ---- Respondent For Applicant :

Mr. T.K. Jha, Advocate.

For Respondent. :

Mr. Ishwari Gritlahre, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /04/2021 1.

This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending her arrest in connection with Crime No.35/2021 registered at Police Station - Kotwali, Jagdalpur, District Bastar (C.G.) for commission of the offence punishable under Sections 306, 34 of Indian Penal Code & Sections 75 and 82 of the Juvenile Justice (Cure and Protection of Children) Act, 2015.

2.

The prosecution case, in brief, is that deceased D. John Prashant, aged 14 years, was a student of Adeshwar Academy, staying in boys hostel, Halba Kachora, Jagdalpur. On 25.07.2019, he committed suicide by hanging in the hostel. The mother of deceased made a complaint and on the basis of complaint, investigation was carried out and in the investigation it was revealed that the applicant, who is a

Hindi Teacher, harassed the deceased and, at her instance, hostel incharge Sunil Singh used to beat him. Based on this, the offence has been registered against the applicant under Sections 306, 34 of Indian Penal Code & Sections 75 and 82 of the Juvenile Justice (Cure and Protection of Children) Act, 2015.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that no element of abatement of suicide has been found in the report of Complaint Cell, Jagdalpur, submitted to Superintendent of Police. The FIR has been registered on account of pressure mounted by the mother of the deceased and other persons.

4.

Counsel for the State however opposes the application for anticipatory bail. Learned State counsel submits that a student of 14 year committed suicide because he was harassed by his Teacher.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

After hearing counsel for the parties and considering the facts and circumstances of the case, and further considering the conduct of the applicant, this Court is of the considered opinion that it is not a fit case to grant anticipatory bail to the applicant.

7.

Accordingly, the application is dismissed.

Sd/- (Rajani Dubey) pkd Judge