Smt. Ishwari Rathore v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8284 of 2020 • Smt. Ishwari Rathore W/o Durga Prasad Aged About 42 Years R/o Village Gatoura P.S. Masturi, District Bilaspur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Masturi, District Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri F.S.Khare, Advocate For State :

Shri Praveen Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/03/2021 Heard.

1.

The applicant has been arrested in connection with Crime No.462/2020 registered at Police Station - Masturi, District - Bilaspur (C.G.) for alleged commission of offences under Section 304-B, 34 of IPC.

2.

Prosecution case is that after marriage, the deceased was being harassed, dowry was being demanded and threat was administered that she would be killed. Soon after she came to the matrimonial house, she was found dead in the matrimonial house and her dead body was hanging.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated. The deceased, for the reasons best known to her, has committed suicide. There is hardly any incident that she is subjected to cruelty in connection with demand of dowry soon before her death. It is submitted that as investigation is complete, charge sheet has been filed and the applicant is a lady, she may be granted bail.

4.

On the other hand, learned State counsel would argue that in the present case,

there are not only allegations of demand of dowry coupled with death due to hanging but soon before her death, threat was administered that she would be killed if she does not bring dowry when the deceased was in the matrimonial house. Thereafter, her dead body was found hanging and the medical report shows Asphyxia due to strangulation and there are various marks on her face and around her neck. 5.

Taking into consideration the nature of allegations, injuries and opinion of the doctor that cause of death is Asphyxia due to strangulation, I am not inclined to grant bail to the applicant. The application is, accordingly, rejected. Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti