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High Court Of ChhattisgarhMCRC/3169/2017allowed

Phoolmat Bai v. State Of Chhattisgarh

2017-05-23Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3169 of 2017 • Phoolmat Bai, W/o Lakhan Sahu, aged about 40 years, R/o Village Botesur, Police Station Sahaspur Lohara, Civil and Revenue District Kabirdham (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate/Station House Officer, Police Station S/Lohara, District Kabirdham (CG) ---- Non-Applicant For Applicant : Shri Dharmesh Shrivastava, Advocate. For Non-Applicant : Shri Arvind Dubey, Panel Lawyer. HON'BLE The Vacation Judge Order On Board 23/05/2017

1. The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.59/2017 registered in Police Station S/Lohara, District Kabirdham for offence under Section 306 of the IPC.

2. The applicant is the first wife of Lakhan Lal having married about 2530 years back. Since the applicant failed to beget the child, Lakhan Lal performed second marriage with deceased Hansi Bai with the consent of the present applicant. At the time of commission of suicide the deceased was carrying 3 months' pregnancy. It is alleged, since after pregnancy of the deceased, the applicant became jealous with

her and started torturing her, therefore, the deceased committed suicide by consuming insecticide.

3. Perusal of the case diary particularly statement of the husband Lakhan Lal would indicate that at the time of incident the applicant may not be available in the house. There is no detail as to the manner in which the deceased was tortured by the applicant.

4. Considering the nature of evidence available, this Court is inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on her executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- V. Judge (Prashant Kumar Mishra) Barve