High Court Jharkhand High Court

Sagar Gorai@ Sagar Garain & Ors vs State Of Jharkhand on 6 June, 2011

Jharkhand High Court
Sagar Gorai@ Sagar Garain & Ors vs State Of Jharkhand on 6 June, 2011
    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    B. A. No. 1293 of 2011
            1. Sagar Gorai @ Sgar Gorain
            2. Govind Gorai @ Govind Kumar Gorai
            3. Nimai Gorai @ Nimain Gorain        ... ...                Petitioners
                                    Versus
             The State of Jharkhand              ...  ...                Opp. Party
                           -----
         CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
                           -----
          For the Petitioners    : Mr. Zaid Ahmad, Advocate
          For the State          : A.P.P.
                           -----
3/06.06.2011

Heard learned counsel appearing for the petitioners and learned

A.P.P. appearing for the State.

The petitioners are accused in a case instituted under Sections
304/34 of Indian Penal Code.

Learned counsel appearing for the petitioners submits that these

petitioners being father-in-law, brothers-in-law, and also other persons

including the husband of the deceased, have been alleged to have

committed dowry death of the deceased but from the statement made in

the FIR, it would appear that the allegation of demand of dowry was

mainly against the husband and not against these petitioners and,

therefore, there was no reason on the part of these petitioners to

commit offence of dowry death and that no external injuries have been

found on the person of the deceased and that it is said that the deceased

was poisoned to death but the police without getting the Viscera report

submitted the charge-sheet under Section 304B of I.P.C. and under

these circumstances, these petitioners deserve to be admitted to bail.

Regard being had to the facts and circumstances of the case, all

three above-named petitioners 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, Dhanbad in connection with Nirsa (Kalubathan) P.S.

Case No. 268 of 2010 arising out of G.R. No. 3844 of 2010.

(R.R. Prasad, J.)
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