Jahur Bee And ANR. v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MISC. CRIMINAL CASE NO. 2572 OF 2018

1. Jahur Bee W/o Shri Noor Khan Aged About 45 Years R/o- VillageKhamhariyapara, Ward No. 4, Naila, Police Chauki- Naila, Police Station And Tahsil- Janjgir, Civil And Revenue District- Janjgir-Champa, Chhattisgarh.

2. Farida D/o Shri Noor Khan Aged About 23 Years R/o- Village- Khamhariyapara, Ward No. 4, Naila, Police Chauki- Naila, Police Station And Tahsil- Janjgir, Civil And Revenue District- Janjgir-Champa, Chhattisgarh. ... Applicants

Versus

The State Of Chhattisgarh Through- S.H.O. Police Chowki Naila, Police Station Janjgir, Civil and Revenue District- Janjgir Champa, Chhattisgarh. ... Respondent For Applicants :

Shri P.M. Shrivas, Advocate.

For Respondent-State :

Shri Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09/05/2018 1.

This is the first bail application seeking for grant of bail to the Applicants who are in jail since 18.01.2018 in connection with Crime No.10 of 2018 registered at Police Station Janjgir for the offence punishable under Section 304-B/34 IPC.

2.

The present applicants are mother in law and sister in law of the deceased Juhi Begum. As per prosecution case, the applicants together with other co-accused persons is said to have subjected the deceased Juhi Begum ill treatment, torture and cruelty which led her to commit suicide by hanging herself on 29.11.2017. 3.

Learned Counsel for the applicants submits that a plain reading of statement of witnesses examined during the course of investigation particularly the family members of the deceased i.e. father, mother

-2and other persons, it would reveal that there is general and omnibus allegation of harassment, ill treatment and torture levelled against the applicants without there being any specific date or instance. Further, the applicants were residing separately from the deceased and her Husband Firoz Khan. Thus, prayed for grant of bail. 4.

The State counsel referring to statements of parents of deceased as well as other relatives submits that the applicants have been subjecting the deceased to ill treatment, torture and cruelty on account of demand of dowry which led her to commit suicide. 5.

Having heard the contentions put forth on either side and on perusal of statement of father, mother and other relatives of the deceased, it clearly reveals that the nature of allegations are general and omnibus. No specific date or incident have been referred to in their statements. Further, both the applicants are lady and have remained in jail for about four months. Thus, this Court is of the opinion that the present is a fit case where the Applicants can be enlarged on bail.

6.

Accordingly, the application for grant of bail is allowed. It is directed that the Applicants shall be released on bail on their furnishing personal bond for a sum of Rs.20,000/- each with one surety of the like sum to the satisfaction of the concerned Trial Court for their appearance as and when directed.

Sd/- (P. Sam Koshy) Judge inder