The High Court of Jharkhand allowed a bail application. The petitioner was an accused in a murder case where the deceased was allegedly killed by drowning and later attempted to be hanged. The court inclined to allow bail due to the defense of suicide.
Released on bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5273 of 2018
Dablu Yadav @ Dablu Kumar Yadav …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s) ------
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
FOR THE PETITIONER(S) : Mr. Rohit Agarwal, Advocate FOR THE STATE : A.P.P. ------
03/12.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 302/201/34 IPC.
Deceased left her house but she did not return. Later on, her dead body was recovered.
Counsel for the petitioner submits that deceased has committed suicide as charge-sheet has been submitted under Section 306 IPC. He submits that death was caused by drowning. He submits that petitioner was not present in the village when the occurrence had taken place. It is alleged that since there was relationship between the deceased and this petitioner and there was hot exchange between them over telephone, the deceased had committed suicide.
In view of the aforesaid facts, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Deoghar in connection with Devipur Police Station Case No. 182 of 2017 (G.R. No. 2175 of 2017).
(ANANDA SEN , J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner should be released on bail despite allegations of murder and attempt to cause death.
Whether reasonable grounds exist to believe the deceased committed suicide rather than being murdered.
2 provisions across 1 enactments
Dablu Yadav @ Dablu Kumar Yadav
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
