Allowed

Jai Prakash Saw And Ors. v. The State Of Jharkhand

Jharkhand HC19 Feb 2018B.A./9464/2017

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to three accused persons charged under Sections 304(B) and 34 IPC. The court allowed bail due to suspicion regarding prosecutorial delay and the emergence of the deceased's earlier statement suggesting suicide due to alleged abuse by the petitioners.

What did the court decide?

Petitioners released on bail on furnishing a bond of Rs. 10,000/- each with two sureties of the like amount.

Jai Prakash Saw And Ors. Vs The State Of Jharkhand — Domestic Violence | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 9464 of 2017

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1.Jai Prakash Saw

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2.Sharda Devi 3.Bikku Kumar Saw ….. Petitioners

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-V e r s u s-

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The State of Jharkhand ….. Opposite Party

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CORAM: HON'BLE MR. JUSTICE ANANDA SEN

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For the Petitioners : Mr. Mukesh Kr. Sinha, Advocate For the State : A.P.P

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4/19.02.2018 Heard learned counsel appearing for the petitioners and the learned counsel for the State, who opposes the prayer for bail.

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The petitioners are accused for allegedly committing offence punishable under Sections 304(B), 34 of the Indian Penal Code.

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The petitioner nos. 1 and are is the father-in-law and motherin-law of the deceased and the petitioner no.3 is the younger brother-inlaw of the deceased. The deceased died because of the burn injury.

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Learned counsel for the petitioners submits that the occurrence had taken place i.e. on 18.04.2017 but the fardbeayn was recorded on 24.04.2017 and the F.I.R. was registered on 05.05.2017. He submits that there is no explanation about the said delay. He submits that it is in fact a case of suicide as the deceased burnt herself which is apparent from her statement given before the police on 19.04.2017 itself, wherein she has stated that she had burnt herself as these petitioners use to abuse her. He further submits that this statement which was recorded, was forwarded to Tisra Police Station has been suppresses by the prosecution.

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After hearing the parties and after going through the annexure-2 which is allegedly the statement of the victim recorded on 19.04.2017 and also taking into consideration the relationship of these petitioners with the deceased, I am inclined to allow this application. The petitioners, namely, Jai Prakash Saw, Sharda Devi and Bikku Kumar Saw are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dhanbad, in connection with Tisra (Lodna), P.S. Case No. 35 of 2017, corresponding to G. R. No. 1678 of 2017.

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(Ananda Sen, J.)

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Amar/cp3

Jai Prakash Saw And Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Jai Prakash Saw And Ors. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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