The Court allowed the petitioner's application for regular bail after the police filed a chargesheet under Section 306 IPC forabetting suicide, directing him to furnish a bail bond with two sureties.
Granted regular bail with a bond of Rs. 10,000 and two sureties of like amount.
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.45109 of 2021
Arising Out of PS. Case No.-100 Year-2020 Thana- HABIBPUR District- Bhagalpur
======================================================
Gopal Mandal Son Of Suresh Mandal Resident Of Takichak, Salepur Road, Police Station- Habibpur, District- Bhagalpur.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr.Praveen Kumar, Advocate For the Opposite Party : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 11-03-2022 Heard learned counsel for the petitioner and the State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
As per the prosecution case, one Kamini Devi, daughter of the informant was married 9 years ago with the petitioner. He developed illicit relation with the wife of his brother Arti Devi which was being protested by the victim and due to the same she was being tortured by the petitioner for last three years. On 10.7.2020 informant got information that her daughter is ill and when she went to Bhagalpur, she knew that
Patna High Court CR. MISC. No.45109 of 2021(3) dt.11-03-2022 2/3
her daughter committed suicide by hanging. Informant suspected that the petitioner and his family members killed her.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is the husband of the deceased. He submits that in fact deceased was working on contract basis which was liked by this petitioner and due to this reason, 3/4 days before the occurrence, they had quarreled and in the heat of passion and on spur of moment, victim committed suicide by hanging. Learned counsel further submits that the doctor conducting autopsy opined that the death was caused due to asphyxia and venous congestion due to antimortem hanging. More so, police after investigation submitted chargesheet for the offence punishable under section 306 of the IPC. Petitioner is in custody since 14.3.2021.
Considering the fact that police after thorough investigation submitted chargesheet for the offence punishable under section 306 of the IPC, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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
Patna High Court CR. MISC. No.45109 of 2021(3) dt.11-03-2022 3/3
Additional Chief Judicial Magistrate IX, Bhagalpur in Habibpur Police Station Case No. 100/2020.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail after chargesheet filing in a 306 IPC case.
Gopal Mandal
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
