Chandrika Bai And ORS v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 527 of 2015

1. Chandrika Bai W/o Ramprakash Suryavanshi Aged About 42 years R/o Bandhwapara, Arvind Colony, Sarkanda, Police Station Sarkanda, Tah. And District Bilaspur Chhattisgarh.

2. Rakesh Kumar Suryavanshi S/o Ramprakash Aged About 30 Years R/o Bandhwapara, Arvind Colony, Sarkanda, Police Station Sarkanda, Tah. And District Bilaspur Chhattisgarh.

3. Laxmin Bai W/o Raju Suryavanshi Aged About 25 Years R/o (Temporary) Village Khamtarai, Police Station Sarkanda, Tah. And District Bilaspur Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur Chhattisgarh.

---- Respondent For applicants - Ms. Nirupama Bajpai, Advocate For Respondent/State - Ms. Shubha Shrivastava, Panel Lawyer Order On Board 09/07/2015 Heard.

The applicants are apprehending their arrest in connection with Crime No.189/2015 registered by Police Station-Sarkanda, District-Bilaspur (C.G.) for alleged commission of offences under Sections 498A/34 IPC. 2.

Case of the prosecution is that the applicants, who are the husband, the motherin-law and sister-in-law have subjected the complainant to cruelty in connection with demand of dowry and she has been harassed.

3.

Learned counsel for the applicants submit that the marriage was solemnized 14 years before. There are certain disputes but the allegations in the case are completely exaggerated. There is no specific injury reported. 4.

On the other hand, learned counsel for the State opposes prayer and submits that the complainant has clearly stated that she is being harassed and subjected to violence since last many years, due to which, she has come to her parental house and she does not want to go back to matrimonial house and at one point of time, due to

beating given to her, she sustained injury.

5.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the omnibus nature of allegation, no specific injury has been reported, the application is allowed. 6.

It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one local surety for the like amount to the satisfaction of the arresting officer and they shall abide by all the following terms and conditionsi. that they shall make themselves available for interrogation by a Police Officer as and when required;

ii. that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer.

iii. that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv. that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules Sd/- Manindra Mohan Shrivastava J U D G E Rekha