Baccha Lal Ram & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1187 of 2019

1. Baccha Lal Ram S/o Late Ramayan Ram Aged About 77 Years R/o Sector 12/c, Quarter No. 4012, Post And P.S.- Sector- 12, District- Bokaro, Jharkhand.

2. Dulari Devi W/o Shri Baccha Lal Ram Aged About 68 Years R/o Sector 12/c, Quarter No. 4012, Post And P.S.- Sector- 12, District- Bokaro, Jharkhand.

3. Sunil Kumar S/o Shri Baccha Lal Ram Aged About 49 Years R/o Sector 12/c, Quarter No. 4012, Post And P.S.- Sector- 12, District- Bokaro, Jharkhand.

4. Amrit Kumar @ Deepak Kumar @ Chhotu S/o Shri Baccha Lal Ram Aged About 21 Years R/o Sector 12/c, Quarter No. 4012, Post And P.S.- Sector12, District- Bokaro, Jharkhand.

5. Renu Bala W/o Late Subhash Sharma Aged About 40 Years D/o Shri Baccha Lal Ram, R/o Railway Colony, Quarter No.- Ds/11/7/c/bksc, PostRailway Colony, P.S.- Balidih, District- Bokaro, Jharkhand.

6. Punam Kumari W/o Shri Hiralal Sharma Aged About 46 Years D/o Shri Baccha Lal Ram, R/o Sector 12/c, Quarter No. 4012, Post And P.S.- Sector- 12, District- Bokaro, Jharkhand.

7. Suman Devi W/o Shri Ajay Sharma Aged About 43 Years D/o Shri Baccha Lal Ram, (Permanent Address), R/o Village Gidha, P.S. Koilaver, DistrictBhojpur, (Bihar), (Current Adress)- Sector- 3/c, Quarter No.- 15, Post And P.S. B.S. City, District- Bokaro, Jharkhand.

8. Anil Kumar S/o Shri Baccha Lal Ram Aged About 45 Years R/o Sector 03/c, Quarter No. 15, Post And P.S.- B.S. City, District- Bokaro, Jharkhand.

9. Reena Devi W/o Shri Anil Kumar Aged About 43 Years R/o Sector 3/c, Quarter No.15, Post And P.S.- B. S. City District- Bokaro, Jharkhand. ---- Applicants

Versus

• State Of Chhattisgarh Through S.H.O. P.S. Navei, District- Durg, Chhattisgarh.

---- Respondent For Applicants :

Shri Saurabh Dangi, Advocate.

For Objector ;

Shri Aditya Tiwari, Advocate For Respondent.

:

Ms. Reena Singh, PL

Hon'ble Smt. Justice Rajani Dubey Order on Board 23/08/2019

1. This is the first application filed by the applicants under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, who are apprehending their arrest in connection with Crime No. 35/2019, registered at Police Station Navei, District Durg (CG) for the offence punishable under Sections 498-A, 506, 34 of the IPC and Section 3 and 4 of the Dowry Prohibition Act.

2. Case of the prosecution is that the complainant was married to the son of applicants 1 and 2, namely- Abhishek Sharma on 5.3.2016, who is working in Bhilai Steep Plant and she was residing with her husband at Bhilai and her mother-in-law and father-in-law were also residing with them. After some time of the marriage, applicants started the complainant treating with cruelty on account of demand of dowry. They demanded her ornaments and when she refused, they abused and beaten her and ousted from house. The applicants are mother-in-law and father-in-law and other family members of the husband of the complainant.

3. Learned counsel for the applicants submit that the complainant was married to the son of applicants 1 and 2, namely- Abhishek Sharma on 5.3.2016 and she was residing with her husband at Bhilai and applicants who are mother-in-law and father-in-law and other relatives of the husband of the complainant are residing in the village, District Bokaro, Jharkhand, therefore, harassment by them is

not possible. He submits that the complainant do not want to live with her husband, therefore, she has lodged a false report. The applicants are innocent and have been falsely implicated in this case. He prays for releasing the applicants on anticipatory bail.

4. Counsel for the State as well as counsel for the Objector, oppose the application for anticipatory bail. Counsel for the Objector submits that the applicants were treating the complainant with cruelty and demanding her ornaments and stridhan, which she gets in her marriage. They were beating her and threatened to death.

5. I have heard learned counsel both the parties and perused the casediary.

6. Considering the totality of the facts, in particular, the allegations are against the applicants who are mother-in-law and father-in-law and other family members of the husband of the complainant, the bail application filed under Section 438 Cr.P.C. is allowed.

7. It is directed that in the event of arrest of the applicants in connection with aforesaid crime number, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety each for the like sum to the satisfaction of the officer arresting them. They shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

8. Certified copy as per rules.

Sd/ (Rajani Dubey) suntia JUDGE