In a bail application under Section 302 IPC for murdering his wife, the High Court of Jharkhand, relying on a medical report of Paranoid Schizophrenia, enlarged the petitioner on bail upon furnishing a bond and sureties.
Petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 1860 of 2015
Brahmeshwar Prasad Sahdeo
Brahmeshwar Prasad Sahdeo ...… Petitioner Versus The State of Jharkhand ...… Opposite Party
-------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. B.M. Tripathi, Sr. Advocate. Mr. Naveen Kr. Jaiswal, Advocate For the State : A.P.P.
3/03.07.2015
Heard learned counsel for the petitioner and learned counsel for the
State.
The petitioner has been made accused in connection with Kharsawan P.S case No. 56 of 2014 corresponding to G.R No.1072 of 2014, for the offence under Section 302 of the Indian Penal Code.
The case relates to murder of the wife of the petitioner and there is direct allegation against the petitioner to have committed murder of his wife.
Learned counsel for the petitioner has submitted that the petitioner is mentally ill and due to his mental illness, the wife was killed.
A report was called for from the Superintendent of RINPAS, Kanke, Ranchi, which has since been received and the report shows that the petitioner was admitted for the complaints of wandering aimlessly, hearing voice and reduced sleep and he is suffering from “Paranoid Schizophrenia”.
In the facts and circumstances of the case, I am inclined to enlarge the petitioner, Brahmeshwar Prasad Sahdeo, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Seraikella, in connection with Kharsawan P.S case No. 56 of 2014 corresponding to G.R No.1072 of 2014.
( H. C. Mishra, J.)
BS/
2 issues framed by the court
Whether the mentally ill petitioner is entitled to be released on bail.
Whether the medical report showing Paranoid Schizophrenia justifies bail.
1 provisions across 1 enactments
Brahmeshwar Prasad Sahdeo
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
