High Court Of ChhattisgarhMCRC/3967/2020rejected

Padmani Sonkar v. State Of Chhattisgarh

2020-08-26Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

M.Cr.C.No.3967 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3967 of 2020

1. Padmani Sonkar W/o Lt. Shri Panduram @ Santuram Sonkar (wrongly mentioned in the order sheet as Pandram @ Saturam Sonkar), Aged About 27 Years R/o Sonkarpara Ward No. 12, Navapara, P.S.- Gobra Nvapara (wrongly mentioned in the order sheet as Gobranavapara), District- Raipur, Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through- Station House Officer, Police Station- Gobra Navapara, District Raipur, Chhattisgarh ---- Respondent For Applicant Ms. Indira Tripathi, Advocate For Respondent /State Ms. Fouzia Mirza, Addl. Adv. General (Proceedings through Video Conferencing) Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 26/8/2020

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as she is arrested in connection with Crime No.502/2019, registered at Police Station Gobra Navapara, District Raipur (CG), for the offence punishable under Sections 302 & 201 of the Indian Penal Code.

M.Cr.C.No.3967 of 2020

3. Applicant has committed murder of her husband Panduram Sonkar (since deceased) during the intervening night of 5th & 6th December, 2019.

4. Learned counsel for the applicant would submit that except for the memorandum statement of the applicant there is no evidence, therefore, the applicant deserves to be released on bail.

5. Learned counsel for the State, per contra, would oppose the bail application.

6. At the time of incident the deceased and the applicant were sleeping in the house with their children, aged about 8 years and 21⁄2 years. When the children as also the deceased were sleeping the applicant assaulted and strangulated the deceased. From the postmortem report it can be seen that the deceased had received several injuries and died due to injuries over neck, leading to asphyxia.

7. Considering the nature of offence and the material available in the case diary, this Court is not inclined to grant bail to the applicant.

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