Shyam Bihari Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5126 of 2016 Shyam Bihari Sahu, S/o Shree Badri Sahu, Aged About 40 Years, R/o Village - Mainpura, P.S. Pandaria, Distt. Kabirdham Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - In - Charge Police Station - Pandaria, District - Kabirdham Chhattisgarh ---- Respondent And MCRC No. 5142 of 2016

1. Suraja Bai, W/o Shree Badri Sahu, Aged About 60 Years

2. Saheli Sahu, Wd/o Late Shree Ramaoutar Sahu, Aged About 32 Years, Both R/o Village - Mainpura, P.S. Pandaria, Distt. Kabirdham Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through - In - Charge Police Station - Pandaria, District - Kabirdham Chhattisgarh ---- Respondent For applicants - Shri Ashok Kumar Swarnkar, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 5/09/2016 1.

Both these bail applications are decided by this common order as they are arising out of the same crime number. 2.

The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.150/2016 registered in Police Station Pandaria, District-Kabirdham (C.G.) for offence punishable under sections 498A and 323/34 of IPC.

3.

As per the prosecution case, a report was made by the complainant Sarita Sahu on 1/07/2016 that she was married to Shyam Bihari Sahu on 4/06/2015. Thereafter, she was subjected to torture, cruelty for demand of

dowry. Thereby, the offence is committed.

4.

Learned counsel for the applicants submits that complainant infact is Shiksha Karmi working in Kharbana, Tehsil Kawardha at her maternal home and she only joined company of the applicant for 7 days. He further submits that only allegation that husband has demanded some money from the salary of the complainant and false allegations have been attributed against the applicants, charge sheet has been filed, no further investigation is necessary, therefore the applicants may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Perused the report and the statement of complainant Sarita Sahu. Considering the facts and circumstances of the case, degree of allegations, charge sheet has been filed and the applicants are in jail since 28/07/2016, this court is inclined to release the applicants on bail. 7.

Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri