Allowed

Saroj Kumari v. the State of Jharkhand

Jharkhand HC7 Nov 2023Cr.Rev./908/2023

Case brief

AI extract

What is this about?

In a criminal revision regarding a juvenile's suicide case, the High Court released the petitioner on bail against the state, setting aside the appellate order that had rejected the bail application. The court allowed the revision upon furnishing a bond and sureties.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties; impugned order set aside; criminal revision application allowed.

Saroj Kumari Vs the State of Jharkhand — Child Custody and Guardianship | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 908 of 2023

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Saroj Kumari . .... .. ... Petitioner(s) Versus The State of Jharkhand. .. ... ...Opp. Party(s)

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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Abhay Kr. Tiwari, APP

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04/ 07.11.2023 . The instant Revision application has been filed against the order dated 09.06.2023 passed by learned District & Addl. Sessions Judge-I cum Special Judge (Children Court), Lohardaga in Criminal Appeal No.23 of 2023 [arising out of Senha P.S. Case No.96 of 2021 (s)].

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Heard the parties.

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The petition filed for release of the juvenile/ petitioner on bail has been rejected by the appellate order against which, the instant Revision application has been filed.

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As per the case of the prosecution, son of the informant left his home on 24.12.2021 and did not return thereafter. Later on 26.12.2021, his deadbody was recovered from near the village along with his motorcycle. There were scar marks over his neck and suspecting the case to be homicidal in nature, the case was registered under Sections 302/ 201 IPC against unknown.

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It is submitted by learned counsel for the petitioner that after investigation, the case was found to be suicidal in nature and charge-sheet has been submitted under Sections 306, 201 and 120B IPC. The gist of the case of prosecution is that the deceased wanted to accompany her / petitioner without solemnizing the marriage with her, which was refused by the family members of the petitioner as well as the Petitioner and consequently, he committed suicide.

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It is further submitted that these materials will not make out an offence of abetment to commit suicide as the refusal was just and proper.

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Learned APP for the State has opposed the prayer, but has not disputed the factual assertions made on behalf of the petitioner.

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Accordingly, the petitioner, above-named shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand ) with two sureties of the like amount each to the satisfaction of learned Court below.

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The impugned order is set aside and the criminal revision application is allowed.

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Sandeep/ ( Gautam Kumar Choudhary, J. )

Saroj Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Saroj Kumari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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