The High Court of Jharkhand granted bail to the petitioner accused under Sections 304B and 120B IPC. The court noted consistent stand of accidental drowning supported by witnesses, directing release on bail with sureties besides own bond.
Released on bail by furnishing bond of Rs. 10000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4704 of 2014
Manish Singh … … Petitioner
Versus
The State of Jharkhand … … Opp. Party ----- CORAM: HON’BLE MR. JUSTICE R.R. PRASAD
For the Petitioner : Mr. Pandey Neeraj Rai, Advocate For the State : A.P.P
02/11.07.2014: Heard learned counsel appearing for the petitioner and learned
A.P.P. appearing for the State.
The petitioner is an accused in a case instituted under Sections 304B and 120B of the Indian Penal Code.
Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner was rejected, taking into account the circumstances appearing against the petitioner to show that the petitioner committed murder of his wife by drowning her at Dasam Fall, but right from the beginning, the stand, which the petitioner has taken, is that the petitioner had taken his wife to Dasham Fall. There she slept as a result of which, she got drowned and this fact has been supported, none other than the prosecution witnesses, being the shopkeepers of that place, who had occasion to see the occurrence. They have deposed that it was the wife of the petitioner, who insisted upon the petitioner to take her to down and when she came along with her husband at the place of occurrence, she slept and drowned and, therefore, the stand, which the petitioner has been taking right from the beginning, has now been vindicated.
Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Miss Archana Kumari, learned Judicial Magistrate, 1st Class, Ranchi, in connection with Bundu P.S. Case No.17 of 2013 G.R. No.753 of 2013.
(R.R. Prasad, J.)
Ravi/
2 issues framed by the court
Whether the petitioner, accused under Sections 304B and 120B IPC, is eligible for bail after previous rejection.
Whether the stand taken by the petitioner that the wife drowned accidentally is supported by prosecution witnesses.
1 provisions across 1 enactments
Manish Singh
The State of Jharkhand
R.R. Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
