Dinesh Prasad Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8223 of 2020 • Smt. Indu Devi Wife Of Dinesh Prasad Singh Aged About 55 Years R/o. Chak Jamal, Post Sahei Bujurg, Police Station Deshari, District Vaishali (Bihar) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Rajhara, District Balod (Chhattisgarh) ---- Respondent MCRC No. 8912 of 2020 • Dinesh Prasad Singh S/o Late Baleshwar Singh Aged About 54 Years R/o Chak Jamal, Post Sahei Bujurg, Police Station Deshari, District Vaishali (Bihar) ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Rajhara, District Balod Chhattisgarh ---- Respondent For Applicants Mr. Shikhar Sharma, Advocate For Respondent /State Mr. Ayaz Naved, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 11/2/2021

1. Heard.

2. These are the two applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the

applicants, who have been arrested in connection with Crime No.270/2020 registered at Police Station Rajhara, District Balod (CG) for the offence punishable under Sections 304(B), 34 of the IPC.

3. Deceased Sanjana was married with the applicants' son on 10.6.2019. She continued to reside at her in-laws' place in the State of Bihar till November 2019. She came to her husband's place of posting at Dallirajhara in November 2019. During this period i.e. from November 2019 till her suicide by hanging on 10.3.2020, the husband allegedly demanded a Swift Desire Car and obtained cash amount of Rs.3 lakhs in part satisfaction of the said demand. He kept on raising the demand and when, Deepak, brother of the deceased, called her on the date of the incident, co-accused Pawan, husband of the deceased, stated to him that he may talk with the deceased for the last time. In the statement of Vishnu Deo Singh, father of the deceased also, it is revealed that Pawan was regularly demanding a Swift Desire Car.

4. Material available in the case diary indicates that from November 2019 to 10th of March 2020, the deceased was not residing with these applicants, who live at village Chak Jamal, Post Sahei Bujurg, District Vaishali (Bihar). General allegations of physical cruelty and demand of dowry against these applicants are levelled for the period prior to November 2019.

5. Considering the fact that these applicants are mother-in-law and father-in-law respectively of the deceased and were not

residing with the deceased at the time of commission of suicide as also the fact that they are in jail since 18.3.2020; the charge sheet has already been filed and the main allegation being against Pawan, this Court is inclined to release the applicants on regular bail.

6. Accordingly, the bail applications are allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna