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VIKRAM NATH, PRASANNA B. VARALE
Shambhu Debnath – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(Vikram Nath, J.)
1. Leave granted.
2. The instant appeal has been preferred by the complainant against the grant of anticipatory bail to respondents nos. 2 to 4 by the High Court of Judicature at Patna in Criminal Miscellaneous No. 28525 of 2023, vide order dated 25.07.2023.
3. Brief facts of the present case are that the appellant herein had submitted a written application on 13.01.2023 before S.H.O., Mufasil alleging that on the same day at around 7.00 pm, he came out of the house hearing the ruckus and saw that the body of his 20-year-old nephew, Mukesh Kumar, was ablaze the fire. When the appellant asked his injured nephew, he was told that Sindhu Devnath, Sanjit Devnath, Ratan Devnath (respondent no. 2 herein), Lalita Devi (respondent no. 3 herein), Sunil Devnath and Rina Devi (respondent no. 4 herein) had caught hold of him, whereby Sindhu Devnath told him that the appellant’s nephew loved his daughter and all of them started beating and abusing him. Further, it was stated that all of the accused persons, with an intention to kill, poured kerosene oil over the appellant’s nephew and set his body on fire. As such, Motihari Mufasil P.S. Case No. 28 of 2023 was lodged f
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The stage of investigation and the premature adjudication of contentions regarding the offence under Section 306 IPC influenced the court's decision to dismiss the petition for anticipatory bail.
The court emphasized that sending a person to jail should be the last resort and considered the parameters for grant of anticipatory bail, focusing on the nature and gravity of the accusation and the....
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