BHAGWATIBAI Vs. STATE OF CG

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 02/2014 registered at P.S. Dhamdha, Distt. Durg (C.G.) for the offence punishable under Sections 304-B read with Section 34 IPC. As per the prosecution story, deceased Lileshwari was married to Naresh Kumar, one of the accused on 05.05.2011. Thereafter, it was alleged that after her marriage she was subjected to torture initially by the husband Naresh Kumar and some amount was also paid. However, subsequently; the other accused also joined hands in doing so and for such reason, said Lileshwari consumed poison and thereafter died. The prosecution after investigation of the case has registered the offence u/s. 304-B read with Section 34 IPC and after investigation statements were recorded and the applicants along-with co-accused were arrested.

(2.) Learned counsel for the applicants would submit that Applicant No. 1 is mother-in-law, aged about 50 years and Applicant No. 2 is the sister-in-law. He would further submit that these applicants have neither treated the deceased with cruelty nor committed torture for demand of dowry. He would further submit that the charge sheet in this case has been filed and initially offence has been attributed to the husband Naresh and only omnibus allegations have been made against these applicants that the deceased was subjected to cruelty as she has brought less dowry. He referred to the charge sheet and would submit that no specific allegations have been made against these applicants.

(3.) Per contra, learned State Counsel opposes the bail application and would submit that the death took place within 7 years of marriage as the death has occurred on 19.11.2013 while the marriage was performed on 05.05.2011 and therefore considering the allegations made, the applicants may not be enlarged on bail.