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Mangi Topno Alias Mangi Kongadi v. the State of Jharkhand

Jharkhand HC6 Aug 2024B.A./6108/2024

Case brief

AI extract

What is this about?

Regular bail application by a mother accused of murder under Section 302 IPC for consuming and administering poison to her four-year-old daughter. Charge-sheet filed; no criminal antecedents. Court granted bail on bond of Rs.25,000 with two sureties, subject to Cr.P.C. Section 439 conditions.

What did the court decide?

Bail granted on bond of Rs.25,000 with two sureties of like amount, subject to conditions.

Mangi Topno Alias Mangi Kongadi Vs the State… — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6108 of 2024

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Mangi Topno @ Mangi Kongadi

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... … Petitioner

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Versus The State of Jharkhand … … Opposite Party -------

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Mohit Prakash, Advocate For the State : Mr. Jitendra Pandey, A.P.P.

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Order No. 02 / Dated 6^th August, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Kamdara P.S. Case No. 15 of 2024, registered for the offence punishable under Section 302 of the Indian Penal Code on 17.03.2024 and in the district of Gumla.

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It is submitted on behalf of the petitioner that as per the allegation in the F.I.R. the petitioner alongwith her daughter aged about 04 years had consumed poison for committing suicide and thereafter both of them were taken to the hospital where this petitioner survived but her four years old daughter died and hence the case was instituted against this petitioner.

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Further, it has been pointed out from the confessional statement that this petitioner had confessed that she had doubt about the illicit relationship of her husband and therefore, she had consumed some poisonous substance and also administered the same to her daughter who was aged about four years. It has further been submitted that it is not a case of murder for the offence punishable under Section 302 of the Indian Penal Code rather it is a case of abetment to commit suicide by administering the poisonous substance to herself and also to her four years old daughter in absence of any intension or motive to kill her daughter rather to commit suicide by herself and also by her daughter by consuming poisonous substance.

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It is further submitted that charge-sheet in this case has been submitted and the petitioner is in jail since 22.05.2024 and there is no criminal antecedent against this petitioner and therefore, she deserves to be enlarged on bail.

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D.S.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that it is a very heinous offence where this petitioner had consumed the poisonous substance and had also administered the same to her four years old daughter and when both were taken to the hospital, the daughter died of poison but petitioner being 25 years of age survived and therefore, she does not deserve to be enlarged on bail.

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Having heard the parties, perused the records of this case.

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In the light of the submissions advanced on behalf of the parties and under the facts and circumstances of this case, this petitioner is directed to be enlarged 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 the Court of learned Additional Chief Judicial Magistrate, Gumla, in connection with Kamdara P.S. Case No. 15 of 2024, subject to the condition as laid down under Section 439 of the Cr.P.C. and further, subject to the condition that the petitioner will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail.

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(Navneet Kumar, J.)

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2 B.A. No.6108 of 2024

Mangi Topno Alias Mangi Kongadi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mangi Topno Alias Mangi Kongadi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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