Decided on November 17,2005

Gita Bai Sahu Appellant
STATE OF CG Respondents


- (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. Bail Granted.;

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