SHATRUHAN BIYAR Vs. STATE OF C G

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 189/2013 registered at P.S. Pali, Distt. Korba (C.G.) for the offence punishable under Section 306 IPC. The deceased Kavita set herself ablaze on 07.01.2013. Thereafter she died on 12.01.2013. As per the prosecution story, the deceased was subjected to torture by the applicant who is husband as he used to drink and thereafter used to assault the deceased, therefore, she committed suicide. The FIR was lodged on 13.09.2013 i.e., after 8 months of the incident.

(2.) Learned counsel for the applicant submits that the charge sheet in this case has been filed and according to the charge sheet which contains dying declaration wherein the deceased has stated that because of some quarrel took place 4 days prior to the date of incident, out of anger, she has poured kerosene oil and set herself ablaze. He further submits that the applicant has not abetted such causing of suicide.

(3.) Learned State Counsel opposes prayer for grant of bail and submits that the applicant is not entitled for bail because the deceased has committed suicide as he is in the habit of consuming liquor and after drinking, he used to assault the deceased.