Smt. Anjulata Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7266 of 2018 Smt. Anjulata Sahu, W/o Shri Durgesh Sahu, Aged About 22 Years, R/o Village- Pawani, Police Station & Tahsil- Bilaigarh, Civil & Revenue District- Balodabajar- Bhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police StationBilaigarh, District- Balodabajar- Bhatapara (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate.

For State :

Mr. Lav Sharma, P.L.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 10/10/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 11.09.2018 in connection with Crime No. 175/2018 registered at Police Station- Bilaigarh, DistrictBalodabajar- Bhatapara (C.G.), for the offence punishable under Section 304-B/34 of IPC.

2.

In the present case, name of the deceased is Smt. Sushila Sahu, who married with one co-accused namely Diamond Sahu on 23.04.2017. It is alleged that co-accused Diamond Sahu, his mother, father and younger brother Durgesh Sahu and wife of Durgesh Sahu, who is present applicant, have demanded gold and cash from the deceased in dowry and harassed her, that is why she committed suicide. 3.

Learned counsel for the applicant submits that the applicant is wife of younger brother of Diamond Sahu and she is not

member of family of orientation of Diamond Sahu. She is from other family and she has been involved only on the ground that she has been married with Durgesh Sahu, who is younger brother of Diamond Sahu. She has no role to play and she will never beneficiary of any dowry, therefore, the applicant may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

In case of dowry, normally bridegroom, his mother and father are beneficiaries. The present applicant who married with younger brother of Diamond Sahu, has prima facie no dominating role in the family. The allegation is general in nature, therefore, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on her furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. She shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy today as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun