Dhanai Bai Kurre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7723 of 2015 • Dhanai Bai Kurre, aged 48 years, W/o Shri Vedram Kurre, Occupation Agriculture, R/o Village Khudubhata, P.S. & Tehsil Sarrangarh, District Raigarh (C.G.) ---- Petitioner

Versus

• State of Chhattisgarh, Through the Station House Officer, Police Station - Sarangarh, District Raigarh (C.G.) ---- Respondent For Applicant :

Shri S.N. Nande, Advocate For Respondent/State :

Shri Sangharsh Pandey, Deputy G.A. for the State. Hon'ble Shri Justice Goutam Bhaduri Order on Board 18.01.2016 1.

This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.385 of 2015 registered at Police Station Sarangarh, Distt. Raigarh, Chhattisgarh, for the offence punishable under Section 306 of the I.P.C.

2.

As per the prosecution case, in brief, the applicant is the mother-in-law of the deceased, namely, Lata Bai, who consumed poison along with her kids as she was subjected to torture by the applicant, and therefore, abetted to commit suicide by consuming liquor and thereby the applicant committed the aforesaid offence 3.

Learned counsel for the applicants submits that there is no evidence available on record to show that the applicant abetted the deceased to commit suicie. The husband of the deceased left for Pune for earning. The only dispute which

arise between them that the money was not given her. He further submits that Postmortem report is not clear about the death of deceased. The death could have been in the nature of accidental or suicidal. 4.

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

I have heard learned counsel for the parties and perused the case diary. 6.

Taking into consideration the totality of the circumstances and the fact statement itself revealed that deceased consumed poison along with their kids on the ground that she was subjected to torture and harassment and dispute existed between the applicant, i.e., mother-in-law and the deceased and considering the nature of evidence which came on record, without going into the merits of the matter, I am inclined to enlarge the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. 8.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for her appearance as and when directed.

Certified copy as per rules.

Sd/- (GOUTAM BHADURI) Judge Anjani