High Court Jharkhand High Court

Rustum Ansari vs State Of Jharkhand on 25 April, 2011

Jharkhand High Court
Rustum Ansari vs State Of Jharkhand on 25 April, 2011
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             B.A. No.8033 of 2010

            Rustam Ansari                                  ...... Petitioner
                                       -Versus-
            The State of Jharkhand                  ....... Opposite Party.
                                 ------
            CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                  ------
            For the Petitioner : Mr. B.K. Dubey, Advocate
            For the State      : A.P.P.
                                 ------

4/25.04.2011

: The petitioner is an accused in the case registered under
Sections 498A/304B/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been falsely implicated in this case after the
deceased died due to taking wrong medicine by mistake; though the
F.I.R. was registered under Section 304B I.P.C. amongst others, the
Police on investigation did not find any material in support of the
allegation constituting offence under Section 304B I.P.C.; in the case
diary it has clearly come in paragraph-25 that the deceased by mistake
had taken pesticide in place of medicine; petitioner is a local permanent
resident; there is no chance of his absconding; he is in custody since
August, 2010.

Learned A.P.P. opposed the petitioner’s prayer for bail, but after
going through the case diary, has not controverted the said contentions
of learned counsel for the petitioner.

Regard being had to the facts and circumstances of the case, the
petitioner, above named, is directed to be released 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 learned Chief Judicial
Magistrate, Chatra in connection with Chatra Sadar P.S. Case No. 98 of
2010, corresponding to G.R. No.460 of 2010.

(Narendra Nath Tiwari, J.)
Shamim/