Ashok Bharti Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Ashok Bharti Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in S.T. Case No.495 of 2023.

Issue for consideration

Whether petitioner Ashok Bharti, arraigned under Sections 306/34 IPC in S.T. Case No.495 of 2023 arising out of Bashisthanagar P.S. Case No.59 of 2023, pending before Additional Sessions Judge-III, Chatra, should be released on bail.

Court's answer

In view of the submissions made and materials on record, the Court allowed the bail application and directed release of the petitioner on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount to the satisfaction of the court concerned.

Ratio / Principle

The independent witnesses examined in the matter did not state that the petitioner had abetted the sister of the informant to commit suicide.

Detailed headnote1 paragraphs

Bail — Abetment of suicide (Sections 306/34 IPC) — High Court of Jharkhand at Ranchi — B.A. No.1014 of 2024, decided 07.08.2024 — Subhash Chand, J. — Petitioner Ashok Bharti (aged about 24 years, s/o Late Surendra Bharti, Chatra), accused in S.T. Case No.495 of 2023 arising out of Bashisthanagar P.S. Case No.59 of 2023 registered under Sections 306/34 of the Indian Penal Code, pending before Additional Sessions Judge-III, Chatra, sought release on bail. Per the FIR, the informant's sister, married about three months to the petitioner, was found dead at her in-laws' house on 19.08.2023 night; she allegedly used to complain over the phone of torture by her husband, mother-in-law, bhaisur and brother-in-law and consumed poison and died; the FIR was lodged against all four. Postmortem attributed death to shock and haemorrhage on account of bleeding from the stomach; SFSL report awaited. Independent witnesses Mukesh Kumar Sao, Sanju Devi and Mamta Devi stated the deceased went to the market with her mother-in-law on the date of occurrence and died while being taken for treatment, and none of them stated that the petitioner had abetted the suicide. In view of the submissions and materials on record, the Court allowed the bail application: petitioner to be released on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.1014 of 2024

Ashok Bharti aged about 24 years, son of Late Surendra Bharti resident of village Karmali, P.O. Jori, Police Station Bashisthanagar, District Chatra

..... … Petitioner

Versus The State of Jharkhand …. …. Opp. Party

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

-----For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Mrs. Sushma Aind, A.P.P. --------

02/07.08.2024 Heard learned counsel for the petitioner and learned A.P.P. for

the State.

This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with S.T. Case No.495 of 2023 arising out of Bashisthanagar P.S. Case No.59 of 2023 registered under Sections 306/34 of the Indian Penal Code pending in the court of learned Additional Sessions Judge-III, Chatra.

As per allegations made in the F.I.R., the informant’s sister was married about three months ago with Ashok Bharti. On 19^th August, 2023 in night a phone call came from mother-in-law of the deceased and she told that the deceased was feeling ill and asked to come soon to the inlaw’s house. When the informant reached to the in-law’s house of his sister, he found his sister dead there. It is further alleged that his sister used to complain over the phone that her husband, mother-in-law, bhaisur and brother-in-law used to torture her and on account of the same she consumed poison and died.

This F.I.R. was lodged against the husband, mother-in-law, bhaisur and brother-in-law of the deceased. As per postmortem report of the deceased, the cause of death is shown shock and hemorrhage on account of bleeding from the stomach. The SFSL report is awaited. The independent witness of the village of the in-law’s house of the deceased, namely, Mukesh Kumar Sao, Sanju Devi and Mamta Devi were also examined and they have stated that the deceased along with her motherin-law had gone to the market on the date of occurrence and when she came back from there, the condition of the deceased deteriorated and

while being taken for treatment, she died. The aforesaid witnesses have not stated that the petitioner had abetted the sister of the informant to commit suicide.

In view of the submissions made and materials on record, the bail application of the petitioner is, hereby, allowed. Let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the court concerned in aforesaid case.

(Subhash Chand, J.)

Rohit

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