IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.7344 of 2011
Keyamul Haque ..... Petitioner
Versus
The State of Jharkhand .... Opposite Party
CORAM: HON'BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. Swami Nath Prasad Roy
For the State : A. P.P.
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3/14.11.2011 Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections
304B/120B/34 of the Indian Penal Code in connection with Hariharganj P.S. Case
no.39 of 2011, corresponding to G.R. No.700 of 2011.
The petitioner is the father-in-law of the deceased and though there is
allegation against this petitioner also to have subjected the deceased to cruelty
and torture for demand of Rs. 1 Lakh and to have caused the death of the mother
and child by burning, it appears from the FIR itself that the occurrence had taken
place in the night of the 15.4.2011 and on 16.4.2011, the informant had also seen
the dead bodies and on the request of the informant and the other persons before
the police, the dead bodies were cremated without post mortem. It appears that
subsequently on 22.4.2011, this FIR has been lodged.
Learned Counsel for the petitioner submitted that earlier an UD case was
lodged and subsequently the petitioner and his family members have been falsely
implicated in this case and has accordingly, prayed for bail.
In the facts and circumstances of the case, particularly in view of the fact
that this case was not instituted soon after the occurrence and it also appears from
the FIR itself, that even on the request of the informant himself, the dead bodies
were cremated without any post mortem, I am inclined to release the petitioner on
bail. Accordingly, the petitioner Keyamul Haque 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, Palamau,
Daltonganj, in connection with Hariharganj P.S. Case no.39 of 2011,
corresponding to G.R. No.700 of 2011.
(H. C. Mishra, J)
R.Kumar