P. Santosh Kumar And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 848 of 2015

1. P. Santosh Kumar, S/o P. Shambhu Murty, Aged About 33 Years

2. P. Mahesh Kumar S/o P. Shambhu Murty Aged About 31 Years

3. P. Rambabu S/o P. Shambhu Murty, Aged About 30 Years All R/o Mahila Nagar (Mahima Nagar), Sirgitti, P.S. Sirgitti, Civil And Revenue District Bilaspur Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Tarbahar, District Bilaspur Chhattisgarh ---- Respondent For Applicants :

Shri Amit Kumar, Advocate For Respondent/State :

Ms. Shubha Shrivastava, Panel Lawyer Order On Board 07/09/2015 Heard.

1. This is the second bail application on behalf of the applicants. Their first application was dismissed as withdrawn with liberty to apply for grant of regular bail.

2. Learned counsel for the applicants submits that the second application is being moved as important fact relating to filing of divorce petition was not stated before the Court. He also submits that even before the Family Court, parties entered into compromise. Learned counsel for the applicants submitted that the applicants are the Govt. servants and if they are arrested, they may be suspended.

3. On the other hand, learned counsel for the State submits that there are serious allegation by the complainant against husband and two brothers-in-law.

4. Taking into consideration the nature of allegation which the prosecutrix has leveled not only against her own husband, but also against two brothers-in-law with regard to manner in which she was treated compelling her to indulge in unnatural sex, I am not inclined to grant bail to the applicants.

5. The application is accordingly rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen