Lal Bai And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1460 of 2017

1. Lal Bai . W/o Girdhari Sahu, Aged About 50 Years R/o Village Bade Sajapali, Police Chowki Bhanwarpur, Police Station Basna, District Mahasamund Chhattisgarh ( Name Of Husband & Address Are Not Mentioned In Order Sheet )

2. Hem Bai, W/o Kripa Ram Sahu, Aged About 25 Years R/o Village Bade Sajapali, Police Chowki Bhanwarpur, Police Station Basna, District Mahasamund Chhattisgarh ( Name of Husband & Address Are Not Mentioned In Order Sheet ) --- Applicants

Versus

• State of Chhattisgarh through Station House Officer, Police Station Basna District Mahasamund Chhattisgarh --- Respondent For the applicants :

Mr. Gurudev Sharan Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 24.03.2017

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. 286 of 2016 registered at Police Station Basna, Distt. Mahasamund (C.G) for the offence punishable under Section 304-B/34 of IPC.

2. As per the prosecution case, one Meena Sahu suffered burn injuries on 14.10.2016 and while she was taking to the hospital she died on the way. She was married to Tarachand on 01.03.2015. It is alleged that she was subjected to torture and for demand of dowry by her in-laws including the husband and present applicants thereby she died in unnatural circumstances.

3. Learned counsel for the applicant would submit that the present petition is on behalf of the mother-in-law and sister-

in-law and no direct allegations have been attributed against the present applicants and the deceased was not subjected to any cruelty for demand of dowry and the main allegations are against husband Tara Chand. He further submits that the charge sheet has been filed; the present applicants are in jail since 27.12.2016 and they being ladies may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the merg statement of father Mohan Sao wherein the omnibus allegations have been attributed to the present applicants and the allegations of demand were attributed to the husband only.

6. Considering the facts and circumstances of the case more particularly the fact that the charge sheet has been filed, no further investigation is necessary; the applicants are ladies and looking to their pretrial detention as they are stated to be in jail since 27.12.2016, I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o