Allowed¶15

Vikash Swarnakar Alias Bikash Swarnakar Alias Vikash Swarkar v. the State of Jharkhand

Bail – Section 306 IPC (abetment of suicide)

Jharkhand HC11 Sept 2024B.A./6362/2024

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What is this about?

Jharkhand High Court, Ranchi; B.A. No.6362 of 2024; Justice Subhash Chand; bail granted under Section 306 IPC (abetment of suicide); Nimdih P.S. Case No.18 of 2024; Additional Chief Judicial Magistrate, Chandil; suicide note unverified by I.O.; postmortem asphyxia due to hanging; death by burn and septicemia; no cogent evidence of abetment; bail bond Rs.25,000/- with two sureties; decided 2024.

What did the court decide?

Petitioner to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount to the satisfaction of the court concerned in Nimdih P.S. Case No.18 of 2024. ¶15

Vikash Swarnakar Alias Bikash Swarnakar Alias Vikash Swarkar Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.6362 of 2024

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Vikash Swarnakar @ Bikash Swarnakar @ Vikash Swarkar, aged about 39 years, son of Banmali Swarnakar, resident of Bamni, Post Bamni, Police Station Nimdih, District Seraikella Kharsawan ..... … Petitioner

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Versus

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The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Vikash Kumar, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. --------

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05/11.09.2024 Heard learned counsel for the petitioner and learned A.P.P. for

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the State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Nimdih P.S. Case No.18 of 2024 registered under Section 306 of the Indian Penal Code pending in the court of learned Additional Chief Judicial Magistrate, Chandil.

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The F.I.R. of this case was lodged by the son of the deceased with these allegations that his mother had love affair with the Vikash Swarnakar (the petitioner) for last five to six years, whereby there was strained relation between his mother and father as well. His mother also left the house along with this petitioner twice. On 4^th May, 2024 at 2 o’ clock in the noon, quarrel arose between the informant’s mother and father on the very issue of Vikash Swarnakar, whereby at 3.30 o’ clock in day time, the informant’s father has committed suicide. It is further alleged that on 5^th May, 2024 at 4.30 in the morning when the informant awoke, he saw that his mother was dead in burnt condition in courtyard of the house and a suicide note was also lying near the dead body. Hence, this F.I.R. was lodged.

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In postmortem report of the deceased father of the informant cause of death is shown asphyxia due to hanging while in postmortem report of the deceased mother of the informant, the cause of death is shown due to burn and septicemia and neurogenic shock due to burn. Admittedly, the suicide note which is made part of the written information was not verified by the I.O. during investigation whether same was in handwriting of mother of the informant. There is no cogent evidence against the

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petitioner to show that he had abetted the informant’s mother to commit suicide.

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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.

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(Subhash Chand, J.)

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Rohit

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Vikash Swarnakar Alias Bikash Swarnakar Alias Vikash Swarkar v. the State of Jharkhand

Case brief

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Vikash Swarnakar Alias Bikash Swarnakar Alias Vikash Swarkar v. the State of Jharkhand

Case brief

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