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Gajanand and Others vs State of Chhattisgarh

Chhattisgarh High Court · Decided on 11 July 2002 · Citation: (2002) 2 DMC 797

HON’BLE JUDGES
K.H.N. Kuranga, C.J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 439 · Penal Code, 1860 (IPC) — Section 306, 34
RESULT
Allowed
CASE NUMBER
M. Cr. C. No. 1375 of 2002
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Judgment

9 paragraphs · 356 words

K.H.N. Kuranga, C.J.

Heard both the Counsels.

1.

This is an application u/s 439, Cr. P.C. filed by the applicants for grant of bail. They are the accused in Crime No. 104/2002, registered in Dharsiya Police Station for the offence punishable u/s 306 read with Section 34 of I.P.C.

2.

The name of the deceased is Shanti Bai, wife of applicant No. 1 - Gajanand. The date of the incident is 10.5.2002.

3.

The applicant No. 1 is the husband; the applicant No. 2 is the mother-in-law and the applicant No. 3 is the father-in-law of the deceased. The applicants were arrested on 17.5.2002.

4.

The case of the prosecution is that the applicants were ill-treating the deceased and were beating her stating that she was of dark complexion, she was not doing household work properly and she has no brain. On account of that the deceased committed suicide by burning herself. The complaint was filed by R.S. Sahu, Police Officer, on 11.5.2002 and on the basis of the same registered the aforesaid crime against the applicants and took up the investigation. The statement of the mother and father and sister of the deceased were recorded on 11.5.2002 in which they have stated that the deceased told them that the applicants were ill-treating the deceased stating that she was of dark complexion, not doing household work properly, etc. But there is no material to show that the applicants have abetted the commission of suicide by the deceased.

5.

The offence u/s 306 of I.P.C. is punishable with imprisonment for ten years and fine.

6.

Having regard to the facts and circumstances of the case, I am of the opinion that it is a fit case to enlarge the applicants on bail. The application is accordingly allowed. The applicants are directed to be released on bail on each of them executing a bond in the sum of Rs. 10,000/- with two sureties each for the like sum to the satisfaction of the concerned Magistrate for their appearance before the said Court/Trial Court or as and when so directed.

Parties are entitled for certified copy of this order.