High Court Jharkhand High Court

Golak Modak vs State Of Jharkhand on 8 November, 2011

Jharkhand High Court
Golak Modak vs State Of Jharkhand on 8 November, 2011
          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         B.A. No. 6708 of 2011

          Golak Modak                   .....   Petitioner
                                   Versus
          The State of Jharkhand                ....    Opposite Party

          CORAM:      HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner       :Mr. Santosh Kumar
          For the State            :A. P.P.

                             -----
4/08.11.2011

Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.

Petitioner has been made accused for the offence under Sections
498A/307/34 of the Indian Penal Code and Section 3 / 4 of the Dowry
Prohibition Act, in connection with Jharia P.S. Case No. 315 of 2010,
corresponding to G.R. Case No. 3305 of 2010.

The petitioner is the father-in-law of the deceased and from the FIR, it
appears that on the basis of the statement of the deceased the case was
initially instituted under Section 498A/307 IPC but after death of the
deceased the case was also instituted under Section 304 (B) IPC.

From the FIR, it appears that there is direct allegation of assault
against the husband and mother-in-law of the deceased and there is also
allegation against them to have burnt her due to which, the deceased died
but there is no allegation of assault against this petitioner, who is father-in-
law of the deceased.

In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Golak Modak is directed to be
released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of like amount each to the satisfaction of
learned Chief Judicial Magistrate, Dhanbad in connection with Jharia P.S.
Case No. 315 of 2010, corresponding to G.R. Case No. 3305 of 2010.

(H. C. Mishra, J)
Umesh/-