High Court Patna High Court - Orders

Shitanshu Vinit vs The State Of Bihar on 5 July, 2011

Patna High Court – Orders
Shitanshu Vinit vs The State Of Bihar on 5 July, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA

                        Criminal Miscellanious No.18320 of 2011

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                       SHITANSHU VINIT - Petitioner/s(s)
                                      Versus
                    THE STATE OF BIHAR - Opposite Party/s(s)
         ====================================================
                                  Appearance :
                            For the Petitioner/s: Mr.
                          For the Opposite Party/s: Mr.
         ====================================================
           CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
                               DATE: 05-07-2011
                                 ORAL ORDER

(Per: HONOURABLE MR. JUSTICE MANDHATA SINGH)

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03. 05.07.2011 Heard learned counsel for the petitioner and learned

counsel for the State.

Informant’s daughter was found hanged (dead) in her

flat; a written note recovered from the room said written by the

deceased detailing reason for her committing suicide which goes

to show that for the first time, she came in contact with co-accused

Harsh, thereafter others including this petitioner and allegation is

that all committed rape upon her several times much earlier to the

date of incident. Criminal activity of co-accused Harsh mentioned

in suicidal note. Writing of suicidal note is doubted on behalf of

the learned counsel for petitioner that same is not compared with

admitted signature of the deceased. Further there is mention of

commitment of rape for several times including harassment to the

deceased, in same sequence, it is mentioned that this petitioner

was not residing at Patna, act of the petitioner, if can be taken for

abetment to suicide is also doubted with further submission of the
2

learned counsel for petitioner that affairs with several is said rape,

but initially it is mentioned in the suicidal note that the deceased

fell in love of co-accused Harsh and then only anything happened

with her. Rape is not confirmed in post mortem report. Petitioner

is in custody since 04.11.2010.

Accordingly, let the petitioner above named be released

on bail on furnishing bail bond of Rs.10.000/- (ten thousand) with

two sureties of the like amount each to the satisfaction of

Additional Sessions Judge, IV, Patna in connection with Patrakar

Nagar P. S. Case No.221 of 2010 (S.T.No.67 of 2011).

Vikash                           (Mandhata Singh, J.)