Rakesh Bhagat And ORS. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4291 of 2016

1. Rakesh Bhagat S/o Shatrughan Bhagat, Aged About 31 Years,

2. Shatrughan Bhagat S/o Late Arjun Bhagat, Aged About 60 Years,

3. Malti Devi W/o Shatrughan Bhagat, Aged About 55 Years, All are R/o Ward No. 34, Rampur Basti, Chowki Rampur, P.S. Kotwali Korba, District Korba Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Office, Chowki Rampur, P.S. Kotwali, Korba District Korba (Chhattisgarh). ---- Respondent For applicants - Shri Raghvendra Pradhan, Advocate. For Respondent/State - Shri Neeraj Sharma, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 3/08/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.443/2015 registered in Police Station Chowki Rampur, P.S. Kotwali, Korba, District Korba (C.G.) for offence punishable under section 304-B, 306, 498-A/34 of Indian Penal Code.

2.

As per the prosecution case, deceased Khusboo was married to applicant No.1 Rakesh Bhagat on 24/05/2008 and out of the wedlock two children were born. It is further case that the applicants alongwith in-laws used to torture the deceased. Consequently, she committed suicide by setting herself ablaze on 26/10/2015.

3.

Learned counsel for the applicants submits that infact the deceased had developed eye problem which could not be cured despite all effort, therefore she herself committed suicide, further which would be evident from the statement of the father Raju Prasad Malakar, therefore the

applicants may be released on bail.

4.

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

Perused the statement of father of the deceased Raju Prasad Malakar. Taking into such statement wherein it is stated that some eye problem occurred to the deceased which resulted into further dispute. Considering the same, without further observation on the merits, this court is inclined to release the applicants on bail. 6.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri