Omprakash Ratre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6885 of 2015 Omprakash Ratre S/o Baran Ratre Aged About 25 Years R/o Village- Dhaneli, P.S. Sejbahar, Civil & Revenue District- Raipur (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station- Sejbahar, District- Raipur ( Chhattisgarh) ---- Respondent For applicant - Smt. Indira Tripathi, Advocate. For Respondent/State - Shri Ashish Shukla, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 15/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 58/2015 registered in Police Station Sejbahar, Distt. Raipur (C.G.). for offence punishable under section 304B/34 of IPC. 2.

As per the prosecution case deceased Anju Ratre committed suicide by pouring kerosene oil on 6/04/2015 and the allegation is that she was subjected to torture and demanded money by the applicant and the mother-in-law and also before the incident she was beaten. Consequently, she committed suicide.

3.

Learned counsel for the applicant submits that father of the deceased namely Dukalu Ram has been examined and he has not supported the case of the prosecution. She relied at para-6 of the statement and submits that no complaint was made to the father while the deceased used to visit the house. Therefore, it will go to show the fact that she was not subjected to torture. Therefore, learned counsel prays for

release of the applicant on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the statement of PW-1 wherein in para-1 it is stated that daughter was subjected to torture and Rs.1 lakh was demanded. Therefore, in view of such categorical statement made in chief and statement under Section 161 of Cr.P.C. which is to be appreciated before the court below and evidence cannot be appreciated during the bail, therefore, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri