High Court Of ChhattisgarhMCRC/2824/2016allowed

Ramayan Sahu v. State Of Chhattisgarh

2016-06-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2824 of 2016 • Ramayan Sahu S/o Shri Tilakram Sahu Aged About 42 Years R/o Gagram Chandipara, Malhar, P.S. Aarakshi Kendra Masturi, Tahsil Masturi, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh through Aarakshi Kendra Masturi, District Bilaspur Chhattisgarh.

--- Respondent For the applicant :

Mr. Arvind Shrivastava, Advocate For the Respondent :

Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 103 of 2016 registered at P.S. Masturi, Distt. Bilaspur (C.G) for the offence punishable under Section 304-B read with Section 34 IPC.

2. As per the prosecution, deceased Sukrita Sahu was married to co-accused Raju Sahu in the month of April 2015 and she committed suicide by hanging on 12.2.2016 for the reason that she was subjected to mental and physical torture for demand of dowry or for not bringing domestic articles like Fridge, washing machine etc.

3. Learned Counsel for the applicant submits that the applicant is father-in-law and only general allegations have been levelled against him and no specific allegations have been made against him. He further submits that when the deceased alongwith her husband visited the house of father-

in-law on 04.02.2016 no complaint of demand of dowry was made, therefore, the applicant may be enlarged on bail.

4. Per contra, learned state Counsel opposes the bail application.

5. Perused the statement of mother and father of the deceased. It is stated that some dispute arose as the husband wanted to perform second marriage.

6. Considering the nature and degree of allegations levelled against the applicant which are general in nature as also the fact that the charge sheet in this case has been filed and the applicant is stated to be in jail since 01.03.2016, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao