LAWS(CHH)-2018-4-114

DEVI DAYAL PATEL Vs. STATE OF CHHATTISGARH

Decided On April 09, 2018
Devi Dayal Patel Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Present is an application filed under Section 438 of Cr.P.C. seeking for anticipatory bail to the applicant apprehending his arrest in connection with Crime No. 06/2017 registered at Police Station Gandhinagar, District Surguja (C.G.) for the offence punishable under Sections 306 , 376(2)(n) , 417 of IPC and Sections 3(2)(5) & 3(2)(V-a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989.

(2.) The allegation against the present applicant as per the prosecution case is that, the present applicant is said to have on the pretext of marriage had a physical relationship with the deceased - Mini Toppo and finally ditched the prosecutrix and refused to marry her as a result of which she consumed certain medicinal drugs on 10/03/2016 on account of which she later on succumbed on 12/03/2016.

(3.) Initially, after the merg investigation an offence under Section 306 of IPC was levelled against the present applicant and an F.I.R. was lodged on 09/01/2017, only for the offence under Section 306 of IPC. The present applicant had obtained bail from the trial Court on 30/03/2017.