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High Court Of ChhattisgarhMCRCA/936/2015allowed

Pawan Singh Shivvanshi And Another v. State Of Chhattisgarh

2015-09-23Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 936 of 2015

1. Pawan Singh Shivvanshi S/o Late Pandurang Shivvanshi Aged About 58 Years R/o Behind Masjid Nehru Nagar, Ward No.12, Bhilai-3, Tahsil Patan, Police Station - Purani Bhilai, District - Durg (Chhattisgarh).

2. Smt. Sukhwanti Bai W/o Pawan Singh Shivvanshi Aged About 46 Years R/o Behind Masjid Nehru Nagar, Ward No.12, Bhilai-3, Tahsil Patan, Police Station - Purani Bhilai, District - Durg (Chhattisgarh).

---- Applicants

Versus

State Of Chhattisgarh Through : District Magistrate Durg, Police Station - Purani Bhilai, District : Durg (Chhattisgarh).

---- Respondent Shri Vinod Tekam, counsel for the applicant/s. Ms. Sunita Jain, Panel Lawyer for the State.

Order On Board 23/09/2015 Heard.

The applicants are apprehending their arrest in connection with Crime No.360/15 registered at police station - Purani Bhilai, District - Durg, CG for alleged commission of offence under Section 498-A/34 of IPC. 2.

Case of the prosecution is that soon after marriage, the complainant was compelled to go back to her parental house and thereafter, she was brought back to the matrimonial house and since then, she is being harassed and subjected to cruel treatment in connection with demand of dowry. 3.

Learned counsel for the applicant submits that the complaint shows that the main allegation is against the husband of demanding money and shunting out the complainant away from the matrimonial house.

4.

On the other hand, learned State counsel submits that the allegations are against the applicants also who are alleged to have taunted her saying that she has not brought sufficient dowry.

5.

Taking into consideration the submission of learned counsel for the parties and material in the case diary, I am inclined to grant bail to the applicants. 6.

Accordingly, the application is allowed. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail on each of them furnishing a personal bond in the sum of Rs.20,000/- along with one surety for the like amount to the satisfaction of the arresting officer and the applicants shall abide by all the following terms and conditions - (i) that the applicants shall make themselves available for interrogation by a Police Officer as and when required;

(ii) that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer.

(iii) that they shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava Judge Deepti