Rajendra Chandra Singh Samant, J
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail
to them as they are in custody in connection with Crime No.149/2017 registered at Police Station- Pakhanjore, District - U.B. Kanker(C.G.) for the
offence punishable under Sections 304 B read with 34, 306 r/w 34, 201 of the Indian Penal Code.
2. Learned counsel for the applicants submits that applicant are innocent and have been falsely implicated in this case. Applicants are in jail since
15.11.2017. No case is made out against them. There is no such evidence of the prosecution to show that there had been any demand of dowry, soon
before the death of the deceased. The deceased herself was not happy in her matrimonial home and she wanted to go back her paternal home
because of which and out of frustration, she has committed suicide for which these applicants cannot be held responsible. Hence, it is prayed that they
may be released on regular bail.
3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that within 9 months of marriage, the
deceased has committed suicide which shows that she was being treated with cruelty by the applicants for demand of dowry. There is ample evidence
on record.
4. Heard both the parties and perused the case diary.
5. Marriage of deceased Anima with applicant No.2 was solemnized in April, 2017. On 11.11.2017 deceased Anima committed suicide by hanging
herself. After recording of morgue intimation, FIR was lodged on 13.11.2017. The allegation against these applicants is this, that they had been
treating the deceased with cruelty and they were also making demand of Rs.50,000/- from the deceased, to bring this amount as dowry from her
paternal home. Hence, this case.
6. Considered on the entire material present in the case diary. The evidence has to be clear for the purpose of prosecution under Section 304B of IPC
to show, that the demand of dowry had been soon before the death of deceased. Looking to the evidence present in this case, I am of this view this is
a fit case where the applicants should be released on regular bail.
7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their
furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their
appearance as and when directed.