Mochan Sahu And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7453 of 2017

1. Mochan Sahu S/o Motilal Sahu, Aged About 44 Years R/o Village Limtara, Police Station Arjuni, Tahsil And District Dhamtari, Chhattisgarh

2. Smt. Sushila Sahu, W/o Shri Mochan Sahu, Aged About 42 Years R/o Village Limtara, Police Station Arjuni, Tahsil And District Dhamtari Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer Police Station Arjuni, District Dhamtari, Chhattisgarh ---- Respondent For applicant - Shri Y.C. Sharma, Advocate. For Respondent/State -Shri Suryakant Mishra, PL. For objector- Shri Tridib Bhattacharya, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 12/12/2017 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.273/2017 registered in Police Station Arjuni, District Dhamtari (C.G.) for offence punishable under sections 304-B, 306, 120-B of IPC.

2.

As per the prosecution case, one Likeshwari Sahu committed suicide by consuming poison. It is alleged that husband of Likeshwari Sahu, Shiv Kumar Sahu was having illicit relation with Rajeshwari Bhimgaj which was objected by her as also she was subjected to torture for demand of dowry and demand of Rs.2 lakhs was made by the mother-inlaw and father-in-law of the deceased. Thereafter within 7 years of marriage she died unnatural death. Thereby offence is committed. 3.

Learned counsel for the applicants submits that before the incident on 18/09/2017 report was made by the deceased wherein she had objected to the keeping of relation of her husband with one Rajeshwari

Bhimgaj, therefore present applicants who are father-in-law and motherin-law of the deceased they have not committed any offence or she was subjected to torture for demand of dowry, therefore the applicants who are aged persons they may be released on bail.

4.

Learned State counsel and counsel for the objector opposes the prayer for grant of bail.

5.

Perused the statement of the witnesses and one Ghanshyam Sahu who was working as President of Sahu Samaj wherein it is stated that certain complaints were made by the deceased for relation of her husband with Rajeshwari Bhimgaj also decision of one Sahu Samaj is also perused. Taking into nature of decision and the allegation, this court is inclined to release the applicants on bail.

6.

Accordingly, the bail application is 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