Kusum Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2514 of 2021 Kusum Sahu W/o Late Mahesh Kumar Sahu Aged About 50 Years R/o Janta Colony, Behind Karma School, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Guduyri, District Raipur, Chhattisgarh.

---- Respondent For applicant - Shri Deepak Kumar Jain, Advocate. For Respondent/State - Shri Ashish Tiwari, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 06/08/2021 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.52/2021 registered in Police Station Guduyari, District Raipur (C.G.) for offence punishable under section 304(B), 498(A)/34 of Indian Penal Code. 2.

As per the prosecution case, deceased Vandana Sahu committed suicide by hanging on 29/05/2020, she was married in the year 2015 and out of the wedlock one child was born and it is alleged that within seven years of marriage she committed suicide for the cruelty meted out to her, thereby offence has been committed.

3.

Learned counsel for the applicant submits that during the merg intimation statement of Goverdhan the father of the deceased would show that there has been no torture or any demand was made, there has been certain misunderstanding cropped up in between the husband and the wife because of neighbor boy, therefore the case under Section 304-B is not made out. He would submit that only omnibus allegations have been made, therefore the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail. The suicide note of the deceased was read out by the State counsel. 5.

In such suicide note no allegation of demand of dowry is made but then it prima facie points out that there has been some misunderstanding occurred because of certain third boy and probably this led to some misunderstanding in between the husband and wife. Taking into the contents of the suicide note, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri