Keshwar Prasad Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 1340 of 2015

1. Keshwar Prasad Verma S/o Sakharam Verma Aged About 60 Years Occupation- Cultivator, R/o Village Sarseni, Police Station Suhela, District Balodabazar - Bhatapara Chhattisgarh.

2. Smt. Kumari Bai W/o Keshwar Prasad Verma Aged About 58 Years Occupation - Housewife, R/o Village Sarseni, Police Station Suhela, District Balodabazar - Bhatapara Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through The Police Station Suhela, District Balodabazar - Bhatapara Chhattisgarh.

---- Respondent ________________________________________________________ For applicants - Shri Ashok Kumar Shukla, Advocate. For Respondent/State - Miss. Sunita, Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 1/02/2016 1.

This application under Section 438 of Cr.P.C. has been filed by the applicants apprehending their arrest in connection with Crime No.148 of 2015, registered at Police Station Suhela, District Balodabazar - Bhatapara (C.G.) for offence punishable under Sections 304-B of Indian Penal Code.

2.

Case of the prosecution in brief is that applicants are the father-inlaw and mother-in-law of the deceased Dhaneshwari Verma who committed suicide by setting herlself ablaze. She was married with the son of the applicants namely Pileshwar Verma in the month of May, 2014. Subsequently, she was subjected to torture and ultimately she committed suicide.

3.

Learned counsel for the applicants submits that entire reason for commission of suicide was that deceased used to get phone call on her mobile which was objected. Subsequently, dispute between husband and wife aggravated and ultimately she committed suicide He further submits

that immediately after the incident merg was recorded and in merg no allegation was made and only subsequently general allegations have been attributed against these applicants. Therefore, learned counsel submits that the applicants may be granted benefit of anticipatory bail. 4.

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

5.

I have perused the case diary and statement of father of the deceased which was recorded on 1/11/2015 wherein allegation is attributed to the son of the applicants namely Pileshwar who is husband of the deceased. In written report other general allegations have been made against the applicants and other family members. Considering the statement, degree of allegations against the applicants, I am inclined to extend benefit of anticipatory bail to the applicants. 6.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the officer arresting them on each of them executing a personal bond in sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicants shall also abide by the following conditions:- (i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required; (ii) that the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicants shall not act, in any manner, which will be

prejudicial to fair and expeditious trial; and (iv) the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri