GITA BAI SAHU Vs. STATE OF CG
HIGH COURT OF CHHATTISGARH
Gita Bai Sahu
STATE OF CG
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(1.) HEARD .
This is an application filed under Section 439 of Cr.P.C. For grant of regular
bail in connection with crime No. 93/2005, registered at Police Station Kasdol,
District Raipur, for the offence punishable under Section 304-B of I.P.C..
The case of prosecution is that the deceased namely Smt. Savitri Bai was
married to son of applicant namely Laxman in the year 2000. There are two
children out of wed-look. Savitri died on 10.6.2005 and parents of the deceased
were informed by Laxman. When the parents of deceased came over there, they
suspected about the death, The matter was reported to the police by the father of
the deceased namely Fagulal. After the report, post-mortem was conducted by
Doctor. The Doctor found that there was rupture of right heart chamber and mode
of death was shock. However, There is no corresponding injury on the chest of
the deceased. On the same day i.e. 10.6.2005 statements of father of the deceased
was recorded and in the said statement he made allegations that the husband of
the deceased was demanding a motorcycle and perhaps for this reason, the death
of deceased has occurred.
Learned counsel for the applicant submits that no case under Section 304-
B of the I.P.C. would be made out as it has not been brought on record that the
death of deceased has occurred otherwise then under normal circumstances. He
also argues that there are no positive, allegations against the present applicant.
Referring to the Rashan card, he submits that the present applicant and her husband
were living separately and the deceased and her husband were living in an other
house since long back, therefore there is no possibility of harassment by the
applicant. He further argues that the applicant who is mother-in-law of the deceased
is aged about 65 years. He prays for releasing her on bail.
On the contrary, learned counsel for the State opposes the bail application.
He submits that the death has occurred within a period of 7 years from the date of
marriage. There are allegations against the applicant about treating the deceased
with cruelty and also about demand of Motorcycle by the husband of the deceased.
Considering the facts and circumstances of the case, particularly considering
the nature of allegation made against the present applicant and also considering
the fact that the present applicant is living separately along with her husband and
she is aged about 65 years, I am of the opinion that present is a fit case, in which
the applicant should be enlarged on bail. Accordingly, her application is allowed.
It is directed that the applicant shall be released on bail on her furnishing a
personal bond in sum of Rs. 10,000/- with one surety in the like amount to the
satisfaction of the trial court for her the appearance before the said court on each
date of hearing till the disposal of trail.
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