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High Court Of ChhattisgarhMCRC/3775/2020allowed

Seema Manhar v. State Of Chhattisgarh,

2020-08-20Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3775 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3775 of 2020 • Seema Manhar W/o Dhanaram Manhar, Aged About 23 Years R/o Amoda ( Aamapali Mohalla), Police Station - Hasoud, District - Janjgir - Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through - The Station House Officer Police Station - Hasoud, District - Janjgir - Champa Chhattisgarh. ---- Respondent For Applicant :- Mr. Rajeev Kumar Dubey, Adv.

For Respondent-State :- Ms. Fouzia Mirza, Addl. A.G.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as she is arrested in connection with crime No.85/2019 registered in Police Station Hasoud, District - Janjgir Champa C.G. for the offence punishable under Section 302 of the I.P.C.

3. Case of the prosecution, in brief, is that on account of applicant's giving birth to two female child, her husband used to taunt her,

MCRC No. 3775 of 2020 therefore, feeling depressed she threw both the girl child into the well and thereafter she also jumped into the well. While the applicant could be saved, the two girl child succumbed to death in the hospital.

4. True it is that the applicant has caused death of her two baby girl, however, it was the circumstance which compelled her to take such drastic step as her husband was constantly taunting her for giving birth to female child.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering the plight of the applicant, who has lost her two girl child and is now in jail since 26.05.2019 i.e., for about 01 year and 03 months and the trial may take some more time due to COVID19 pandemic situation, this Court is inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹50,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi