The High Court granted bail to the petitioner in a case涉嫌 abetment to suicide and murder under Sections 306/34 IPC, directing removal of file defects within one month.
Petitioner released on bail by furnishing bonds of Rs.10,000/- with two sureties of the like amount, subject to specified conditions.
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.4842 of 2022
Arising Out of PS. Case No.-681 Year-2020 Thana- SAKRA District- Muzaffarpur
======================================================
DHARMENDRA RAI @ DHARMENDRA KUMAR S/o Umesh Rai Resident of Village- Bishnupur Bakhri @ Mura Bakhri, P.S.- Sakra, DistrictMuzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Pratima Kumari For the Opposite Party/s : Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 25-05-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Sakra P.S. Case No. 681 of 2020, registered for the offences punishable under Sections 306/34 30(A) of the Indian Penal Code.
As per allegation, five named accused persons committed murder of nephew of the informant and his dead body was recovered from the railway track.
Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.4842 of 2022(2) dt.25-05-2022 2/3
that the case has been registered under Section 306/34 of the IPC for committing abetment of suicide against the petitioner and other co-accused persons. He has submitted further that during investigation it was detected that co-accused Chandra Shekhar Kumar has shown some vulgarous photograph of the sister of the deceased to him and it was the reason that he committed suicide after jumping on the track of the rail. He has further submitted that the petitioner is not amongst the persons who has shown the photograph to the deceased and he is under custody since 05.09.2021.
In paragraph No. 17 of the case diary it has figured that co-accused Chandra Shekhar Kumar has shown that vulgarous photograph to the deceased.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 681 of 2020, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
Patna High Court CR. MISC. No.4842 of 2022(2) dt.25-05-2022 3/3
(ii) If the petitioner are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
SONALI/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case involving abetment to suicide and murder.
Dharmendra Rai @ Dharmendra Kumar
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
