Santosh Kumar Kurey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2865 of 2016 Santosh Kumar Kurey S/o Samay Lal Kurey Aged About 25 Years R/o Village Saken Dewada P.S. Ghumka Distt. Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through, Police Station Ghumka, Distt. Rajnandgaon Chhattisgarh ---- Respondent For applicant - Shri Aditya Bharadwaj, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 14/06/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 1/2016 registered in Police Station Ghumka, Rajnandgaon for offence punishable under Section 304 of IPC. 2.

As per the prosecution case a report was made that deceased Uttara Bai committed suicide by consuming poison and as per the prosecution case applicant along with mother-in-law used to torture for demand of dowry and therefore she committed suicide within 2 1⁄2 years of the marriage.

3.

Learned counsel for the applicant would submit that out of the wedlock child was also born and according to the statement of Ram Kumar Banjare before 3-4 days of the incident she was treated by the witness who is doctor wherein she has not stated anything against this applicant who is husband of the deceased and as such offence is not

made out.

4.

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

I have perused the charge sheet. Charge sheet contains statement of Vijay Lal Mendra, Sarpanch who has stated that deceased was subjected to torture for demand of dowry for which an amount of Rs.50,000/- was also paid in front of him. Taking into such statement, I am not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri