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Sahodara Bai @ Draupati Bai vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 31 August 2020 · Citation: (2020) 08 CHH CK 0069

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 4159 Of 2020

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Judgment

10 paragraphs · 345 words

@JUDGMENT-JUDGMENT

Prashant Kumar Mishra, J

1.

Heard.

2.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, MCRC No. 4159 of 2020 who have been arrested in connection with Crime No.42/2020 registered at Police Station Pachpedi District Bilaspur (CG) for the offence punishable under Sections 147,148, 302 read with Section 149 of the IPC.

3.

One Santosh Sahu had an extra martial affair with his neighbour Leela Bai (deceased). On the date of the incident, the accused persons raised a quarrel with Sohan Sahu S/o deceased Leela Sahu, which was informed by Sohan Sahu to her mother and thereafter, in further quarrel, the applicants assaulted deceased Leela Sahu by hands, fists and clubs causing her death.

4.

In the FIR and diary statements of eye-witness Sohan Sahu, the allegation of assault has been made directly against applicant No.1 Sahodara Bai @ Draupati Bai, applicant No.2 Ku. Preeti and applicant No.4 Ramsharan, therefore, their prayer for grant of bail is rejected.

5.

Accordingly, the bail application filed on behalf of applicant No.1 Sahodara Bai @ Draupati Bai, applicant No.2 Ku. Preeti and applicant No.4 Ramsharan, is dismissed. However, they would be at liberty to revive their prayer before this Court after examination of material witnesses including eye-witness Sohan Sahu.

6.

Considering the allegations against applicant No.3 Ku. Annu and applicant No.5 Jamuna, wife of Shri Ramsharan (wrongly mentioned as S/o Shri Ramsharan in the cause title), this Court MCRC No. 4159 of 2020 is inclined to release the applicants on regular bail.

7.

Accordingly, the bail application filed on behalf of applicant No.3 Ku. Annu and applicant No.5 Jamuna is allowed and they are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

8.

Certified copy as per rules.