A single-judge High Court bench granted anticipatory bail to the petitioner accused ofabetting suicide, finding insufficient evidence to show he instigated the deceased.
Petitioner enlarged on bail by furnishing bond with two sureties if arrested or surrendering within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2668 of 2019
Arising Out of PS. Case No.-13 Year-2007 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Yugba @ Yugeshwar Sah @ Yugba Sah, Son of Late Ram Rup Sah, Resident of Village Maharajganj, Ward no. 10, P.S. Madhubani Town, DistrictMadhubani
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar Jha For the Opposite Party/s : Mr.C.Sen Pd.Singh (App 151) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 21-01-2019 Heard both sides.
Petitioner apprehends his arrest in Nagar (Rahika) P.S. Case No.13 of 2007 registered under Sections 306/34 of the Indian Penal Code.
The widow of the deceased named ten persons including the petitioner and alleged that the accused persons encroached the land of the informant and constructed wall. The husband of the informant took shelter in the house of a Netaji and on account of fear of the petitioner and others her husband committed suicide.
Learned counsel for the petitioner submits that there is no material to show that the petitioner ever instigated the deceased to commit suicide. There is a land dispute between the
Patna High Court Cr.Misc. No.2668 of 2019(2) dt.21-01-2019 2/2
two sides. According to the allegation itself, the deceased had taken shelter in the house of a Netaji and he committed suicide in the house of Netaji but there is no allegation that the petitioner had gone to the house of Netaji or did any act to instigate the husband of the informant to commit suicide.
Learned counsel for the State however, opposed the prayer for anticipatory bail but could not be able to show any act or action on the part of the petitioner to show that the petitioner instigated the deceased to commit suicide.
Considering the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st , Madhubani in connection with Nagar (Rahika) P.S. Case No.13 of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a suicide case alleging instigation.
2 provisions across 2 enactments
Yugba @ Yugeshwar Sah
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
