Wednesday, August 14, 2013

ANTICIPATORY Bail to parents EVEN when wife is dead. Jharkhand HC. Marriage 13 years ago.

ANTICIPATORY Bail to parents EVEN when wife is dead. Jharkhand  HC. Marriage 13 years ago. 

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IN THE HIGH COURT OF JHARKHAND AT RANCHI 

A.B.A.No. 3475 of 2012

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1. Snichar Sao @ Bhawani Sao
2. Shanti Devi ****** Petitioners 

Versus

Versus

The State of Jharkhand   ****** Opposite Party 

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Coram : The Hon'ble Mr. Justice Prashant Kumar. 

For the Petitioner : M/S Rashmi Kumari 

For the State : Sri Sudhanshu Sheikhar Choudhary, A.P.P

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02.01.2013. 

Anticipatory bail application filed by Snichar Sao @ Bhawani Sao and Shanti Devi is moved by M/S Rashmi Kumari, learned counsel for the petitioners and opposed by Sri Sudhanshu Sheikhar Choudhary, Addl P.P. for the State. It has come in the Case Diary that the marriage of deceased with the son of petitioners took place 13 years ago. Police, after investigation, submitted Charge Sheet Under Sections 498A and 306 of the I.P.C. There is no direct evidence in the Case Diary to show that these petitioners abated deceased for committing suicide. It is also an admitted position that Viscera report has not been received and the Doctor has not given any opinion regarding the cause of death.

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Considering the aforesaid fact and circumstance, I allow this application and direct the petitioners, named above, to surrender in the court below by 16th January,2013. If petitioners surrender by that time, the court below is directed to enlarge the petitioners, named above, 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 Civil Judge (Sr. Div.) -Cum- C.J.M., Koderma in connection with Koderma P.S. case no. 182 of 2012, corresponding to G.R.No.460 of 2012, subject to the condition as laid down under section 438(2) of the Cr. P.C.

( Prashant Kumar, J.)

Raman/



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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist