DURGESH VISHWAKARMA @ SONU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.900 of 2018, registered at Police Station Kotwali, Out Post- Manikpur, District - Korba (CG) for the offence punishable under Sections 304-B, 34 of I.P.C.

(2.) The applicant was in love with the deceased and subsequently they eloped and performed marriage which was opposed by his parents. The applicant and the deceased were residing separately from his parents. It is alleged that applicant's parents i.e. the mother-in-law and father-in-law of the deceased were demanding Rs.2 Lacs from her or from her mother to allow the applicant and the deceased to reside with them. The said demand has not been referred as demand of dowry in the statement of witnesses. The parents of the applicant were allowed bail by this Court vide order dated 18.06.2019 in MCRC No.2875 of 2019 with observation that whether or not the subject demand would constitute dowry shall be examined by the trial Court and that the same appears to be a debatable issue.

(3.) On the date of incident the applicant allegedly denied permission to the deceased to visit her parental house to celebrate Rakshabandhan Festival. This appears to be immediate cause of commission of suicide by the deceased.