← Library
High Court Of ChhattisgarhMCRC/2588/2020rejected

Smt. Keja Bai v. State Of Chhattisgarh

2020-08-14Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2588 of 2020 Smt. Keja Bai W/o Late Tilak Singh Kshtriya Aged About 60 Years R/o Village Pipartarai, Thana Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police StationKota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri Dharmesh Shrivastava, Advocate For State :

Shri Ravish Verma, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/08/2020 Heard.

1. The applicant has been arrested in connection with Crime No. 556/2019 registered in Police Station -Kota, District- Bilaspur (CG) for alleged commission of offence under Section 302 read with Section 34 IPC.

2. Case of the prosecution, in brief, is that the applicant and co-accused set the deceased - daughter-in-law on fire in the matrimonial house.

3. Learned counsel for the applicant would submit that as far as present applicant is concerned, there is no case made out because in various statements recorded during investigation, it has come that the dispute of the deceased- daughter in law was mainly with her husband and not with the present applicant and even after having sustained injury, she had indicated that it was her husband who was mainly responsible and not the present applicant, the mother-in-law. It is further submitted that investigation is complete and charge sheet has been filed and the applicant being a lady may be granted bail.

-24. On the other hand, learned counsel for the State opposed the bail application by submitting that the deceased died of burning in the matrimonial house. The extensive burn injury and what has been stated by various witnesses including her father, prima facie, shows that it is a case of murder and not a case of suicide. There are specific allegations not only against the husband but also against the present applicant of harassing the deceased.

5. Taking into consideration the submissions made by learned counsel for the respective parties, taking into consideration the material contained in the case diary disclosed by the State counsel during the course of argument, present is not a fit case for grant of bail.

6. The application is accordingly rejected.

Sd/---- (Manindra Mohan Shrivastava) Judge Praveen