JUDGEMENT
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(1.) HEARD learned counsel appearing for the petitioners and
learned counsel appearing for the State.
Learned counsel appearing for the petitioners while referring
to page no. 15 of the paperbook has submitted that the petitioners
have been made accused in Adityapur (R.I.T.) P.S. Case No. 42 of
2013 corresponding to G.R. No. 191 of 2013 registered under Sections 302/34 of the Indian Penal Code and Sections 3 & 4 of the
Dowry Prohibition Act.
Learned counsel appearing for the petitioners has submitted
that the petitioners are the fatherinlaw and motherinlaw of the
deceased. They are staying separately in a separate flat, whereas
their son with his wife were staying in a different flat. The
deceased was found lying on the floor and the petitioners took the
deceased to the hospital for treatment. Now, the chargesheet has
been filed under Section 306 IPC and the petitioners are in judicial
custody since 04.03.2013.
Learned counsel appearing for the State has opposed the
prayer for bail. He has produced a copy of the postmortem report,
which shows cause of death as shock and haemorrhage.
(2.) FROM the documents on record, I find that there is no material on record to suggest that blood was oozing from the
body of the deceased. It is also a matter of record that the
petitioners took the deceased to hospital for treatment. Initially,
the case was registered under Section 302 IPC. However, on
consideration of the material collected during the investigation, the
police has submitted chargesheet only under Section 306 IPC
against the husband (son of the petitioners). Final form was filed
in favour of the petitioners. However, the learned trial court has
taken cognizance of the offence against these two petitioners also.
In the facts and circumstances of the case, the petitioners
namely, Ramjee Singh and Nilam Singh are directed to be released
on bail on furnishing bail bond of Rs. 10,000/(Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Seraikella, District Seraikella
Kharsawan in connection with Adityapur (R.I.T.) P.S. Case No. 42
of 2013 corresponding to G.R. No. 191 of 2013.
Needless to say that the petitioners, during the course of trial,
would not take any undue adjournment and they will cooperate
with the speedy trial of the case.;
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