Appeal against rejection of bail. Petitioner charged with abetment to suicide. Court granted bail citing children's statements did not allege offense against petitioner.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Latehar.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 9438 of 2014 Santosh Kumar Singh ..... … Petitioner Versus The State of Jharkhand .…. … Opposite Party -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : M/s Jitendra Shankar Singh, & Raja Ravi Shekhar Singh, Advocates For the State : A.P.P. --------
5/ 06.04.2015 Heard learned counsel for the petitioner and learned A.P.P. for the Prosecution.
The petitioner has been made accused for the offences under Sections 306 / 34 of the Indian Penal Code, in connection with Latehar P.S. Case No. 146 of 2014 corresponding to G.R. No. 613 of 2014.
The petitioner is the husband of the deceased and the FIR shows that marriage had taken place in the year 1992 and the couple had four children. It is alleged that due to atrocities committed by the petitioner and his family members, the deceased had committed suicide.
It is submitted by learned counsel for the petitioner that the statements of children of the deceased have been recorded, wherein, they have stated that their mother had committed suicide, but they have not made any allegation against the petitioner. Learned counsel has accordingly, prayed for bail.
Learned counsel for the State has opposed the prayer for bail, but upon going through the case diary, it is admitted that the statements of the children have been recorded, who have only stated about the suicide by the deceased.
In the facts of this case, I am inclined to enlarge the petitioner, Santosh Kumar Singh, 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 Chief Judicial Magistrate, Latehar, in connection with Latehar P.S. Case No. 146 of 2014 corresponding to G.R. No. 613 of 2014.
( H. C. Mishra, J.)
R.Kr.
1 issue framed by the court
Whether the petitioner charged under Sections 306 and 34 IPC should be granted bail considering the children's statements did not implicate him.
1 provisions across 1 enactments
Santosh Kumar Singh
The State of Jharkhand
H. C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
