Shivkumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1947 of 2017 Shivkumar Patel S/o Kholbahra, Aged About 21 Years R/o Village Ramnagar, Baloda, Police Station & Tahsil Baloda, District Janjgir Champa Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Baloda, District Janjgir Champa Chhattisgarh ---- Respondent For applicant Mr. Ravindra Sharma, Adv.

For Respondent/State Mr. Ashish Shukla, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 1/5/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 7-12-2016 in connection with Crime No. 218/2017 registered in PS Baloda, Distt. Janjgir Champa for offence punishable under Section 304-B/34 of the IPC.

3. Learned counsel for the applicant submits that charge sheet has been filed against 5 accused persons out of them 4 co-accused have been granted bail by the trial Court. The applicant is the husband of the deceased. Marriage was solemnized on 12-5-2016. The deceased died on account of hanging which is a circumstance other than normal circumstances. The deceased found dead in the house of the applicant. Learned counsel for the applicant submits that the applicant is innocent. He is not involved in the offence. He may be granted bail during trial.

4. Per contra, learned counsel for the State opposed the arguments advanced on behalf of the applicant and submits that statements of the mother and father of the deceased under Section 161 of the Cr.P.C. have been recorded and they alleged regarding demand of

dowry, cruelty and other facts. Hence the application may be rejected.

5. Perused the matter finally.

6. On due consideration, looking to the material collected by the police against the applicant who is husband of the deceased, death occurred within 7 years from the date of marriage, I am not inclined to grant bail.

7. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak