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High Court Of ChhattisgarhMCRC/2505/2018dismissed

Smt. Amrika Bai And ANR. v. State Of Chhattisgarh

2018-05-17Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2505 of 2018

1. Smt. Amrika Bai W/o Videshi Ram Nishad Aged About 45 Years R/o- VillageTarpongi, Police Station- Dharsewa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Videshi Ram Nishad S/o Late Shri Kalu Ram Nishad Aged About 50 Years R/oVillage- Tarpongi, Police Station- Dharsewa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station Dharsewa, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent For Applicants :

Shri Vipin Punjabi, Advocate For State :

Shri Majid Ali, Dy. Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 17/05/2018 Heard.

1. The applicants have been arrested in connection with Crime No.57 of 2018 registered in Police Station- Dharsewa, District- Raipur, Chhattisgarh, for the alleged commission of offence under Sections 304-B read with Section 34 IPC.

2. Case of the prosecution, in brief, is that the applicants subjected the deceased cruelty in connection with demand of dowry. The victim sustained severe burn injuries in the matrimonial house. She was admitted in the hospital where she succumbed to death.

3. Learned counsel for the applicant would submit that the applicants have been falsely implicated. The deceased may have either committed suicide or suffered burn injury due to accident. Initially, there was no allegation but, later

-2on, it was falsely stated that the deceased was subjected to cruelty in connection with demand of dowry. Learned counsel for the applicant would further submit that the investigation is complete and charge sheet has been filed, therefore, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposed the bail application. He would submit that the victim died in matrimonial house within three years of marriage. She sustained severe burn injuries and her parents and sister have stated that she was being subjected to cruelty in connection with demand of dowry and soon thereafter, she sustained burn injury.

5. Having considered the submissions made by learned counsel for the parties, considering the material available on record, no case for grant of bail is made out.

6. The application for grant of bail is accordingly rejected. Sd/------ (Manindra Mohan Shrivastava) Judge Praveen