RAJESH SHARMA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-2-121
HIGH COURT OF JHARKHAND
Decided on February 26,2008

RAJESH SHARMA Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

R.R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the petitioner, learned Counsel appearing for the State and learned Counsel appearing for the informant.
(2.) THE petitioner is an accused in Kotwali (S. Nagar) P.S. Case No. 684 of 2007 registered under Sections 306/34 of the Indian Penal Code. Learned Counsel appearing for the petitioner submits that the petitioner, who happened to be the husband of the deceased though has been suspected to have either committed her murder or forced her to commit suicide but the entire allegation is false and that the son and daughter of the petitioner and also some persons residing in neighbourhood have never stated about the deceased being subjected to torture though they have said that there used to be some bickerings in between the husband and wife and the reason for such bickerings was that the petitioner had invested some money for purchasing the land at his in -laws place with her mother -in -law and the said land when was sold, petitioner was asking their in -laws to pay money but they were not making payment to the petitioner and due to that reason, they used to be some altercation with the wife and. therefore, if on that account the deceased has committed suicide, the petitioner cannot be said to have abetted in terms of Section 107 of the Indian Penal Code the deceased to commit suicide and hence, the petitioner be admitted to bail. As against this, learned Counsel appearing for the informant submits that from the letter written by the deceased to her parents 3 -5 months before it would appear that she was being subjected to torture and hence the petitioner does not deserve bail.
(3.) REGARD being had to the facts and cirumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/ -(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ranchi in Kotwali (S. Nagar) P.S. -Case No. 684 of 2007 (G.R. No. 3568 of 2007).;


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