Md. Ekramuddin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on 17-09-2020 Order delivered on 29-09-2020

1. Md. Ekramuddin S/o Md. Yaseen Aged About 22 Years R/o Village-Harchanda, Post-Panapur Kariyar, Chowki/ P.S.- Kanti District- Muzaffarnagar (Bihar) At Present- House Of Munna Khan, Dhamtari Road, Kurud, P.S. And Tah.- Kurud District- Dhamtari, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through : P.S.-Kurud, DistrictDhamtari, Chhattisgarh ---- Respondent For Applicant Mr. Akhand Pratap Pandey, Advocate For Respondent /State Mr. K.K. Singh, Govt. Advocate (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.74/2020, registered at Police

Station Kurud, District Dhamtari (CG), for the offence punishable under Section 304-B of the Indian Penal Code.

3. Applicant is the husband of Khushbu (since deceased), who committed suicide at her matrimonial house on 24-10-2019.

4. From the material available in the case diary, it appears the deceased was married with the applicant on 5-102018 and were residing at Kurud. As per the statements of the parents of the deceased, the applicant used to commit mental and physical cruelty on the deceased for satisfying demand of Rs.2.0 lacs. When she denied to fulfill the said demand, the applicant burnt her entire clothes; assaulted; and dropped her in her parental house. Sakina Begum, mother of the deceased, had herself gone to the applicant's house and found that all the clothes of the deceased have been burnt. One day prior to the incident i.e. 23-10-2019 also the deceased had informed her mother that today also applicant has committed cruelty for satisfying demand of motorcycle and cash of Rs.2.0 lacs.

5. On the other hand, learned counsel for the State would oppose the bail application.

6. At this juncture, learned counsel for the applicant would submit that the deceased was suffering from gynecological problem which was preventing her from

becoming pregnant. Therefore, she was mentally disturbed and committed suicide for this reason.

7. Sakina Begum, mother of the deceased, has stated that the deceased has informed her sister Sajadi Khatun that her marriage being only one year old, she does not want child at this stage.

8. Considering the entire facts situation of the case and also considering the material available in the case diary, this Court is not inclined to grant bail to the applicant.

9. Accordingly, the bail application is rejected. Sd/- (Prashant Kumar Mishra) Judge Gowri