Smt. Gwalin Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3061 of 2016 Smt. Gwalin Sahu W/o Heeralal Sahu Aged About 46 Years R/o Village Sivnikala, P.S. - Kurud, Distt. Dhamtari Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Police Station Kurud, Distt. Dhamtari Chhattisgarh.

---- Respondent For applicant - Shri Awadh Tripathi, Advocate. For Respondent/State - Shri Satish Gupta, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 22/06/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No. 31/2016 registered in Police Station Kurud, Distt. Dhamtari (C.G.) for offence punishable under Section 304(B)/34, 306/34 of Indian Penal Code.

2.

As per the prosecution case one Reena Sahu was married to son of the applicant Smt. Gwalin Sahu on 19/04/2014. Thereafter, she was subjected to torture for demand of dowry. Subsequently, she consumed poison on 7/10/2015 and eventually died on 15/10/2015. It is case of the prosecution that the applicant along with other co-accused used to torture the deceased for demand of dowry.

3.

Learned counsel for the applicant submits that at the time of marriage of Reena Sahu her sister-in-law namely Rekha was also married whose husband died in road accident, therefore it was stated that deceased Reena Sahu has brought ill fate to the family, consequently she committed suicide which may not lead to demand of dowry or abetment under Section 306 of IPC. Therefore, learned counsel submits that the

applicant may be released on bail.

4.

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

I have perused the statement of Boharan Sahu father and Jam Bai mother of the deceased. Primary allegation is stated that the sister-in-law Rekha became widow after two months after marriage of Reena Sahu when she went to their house, as such her presence was not appreciated in the house on the ground that she has brought ill fate to the family. Taking into statement of Ratanlal Sahu and Tulendra Kumar Sahu wherein general allegations have been made and also considering the fact that charge sheet has been filed, no further investigation is necessary and also for the fact that applicant being a lady, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on her furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for her regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri