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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
SUBODH PASWAN – Appellant
Versus
The State – Respondent
CR. MISC./47839/2022
In cases of abetment of suicide, the court may grant bail to the accused if there is evidence to suggest that the death was not caused by murder but by suicide.
Headnote:
BAIL - SECTION 306 IPC - SUICIDE - HUSBAND OF THE DECEASED - NO CRIMINAL ANTECEDENT - BAIL GRANTED
Fact of the Case:
The petitioner, the husband of the deceased, was accused of murdering his wife by pressing her neck. However, the post-mortem report indicated that the cause of death was asphyxia due to antemortem suicidal hanging. The charge sheet was submitted under Section 306 IPC (abetment of suicide) instead of Section 302 IPC (murder).
Finding of the Court:
The court found that the petitioner had no criminal antecedents and had been in judicial custody since March 2, 2022. Considering the facts and circumstances of the case, the court was inclined to grant bail to the petitioner.
Issues: Whether the petitioner should be granted bail in a case of abetment of suicide (Section 306 IPC) where he was initially accused of murder (Section 302 IPC).
Ratio Decidendi: The court relied on the post-mortem report which indicated that the cause of death was suicide and not murder. The court also considered the fact that the petitioner had no criminal antecedents and had been in custody for a significant period.
Final Decision: The court granted bail to the petitioner on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47839 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- BANDEYA District- Aurangabad
======================================================
SUBODH PASWAN S/o Bhola Paswan R/o village- Sosuna, P.S.- Bandeya,
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Ashok Kumar Singh
For the Opposite Party/s :
Mr.Akhileshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 302/34 of
the I.P.C. but the charge-sheet was submitted under section
306/34 of I.P.C.
Allegation against the petitioner is that he along with
other co-accused persons committed murder of informant’s
daughter by pressing her neck.
Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner is husband of the deceased due to which he has falsely
been made accused in this present case. As per the postmortem
report which is annexed as Annexure-3, doctor opined that the
Patna High Court CR. MISC. No.47839 of 2022(3) dt.11-01-2023
2/2
cause of death of deceased is due to asphyxia as a result of
antemortem suicidal hanging. During investigation, it was found
this case false under Section 302 of I.P.C. and after completing
investigation, submitted chargesheet against all accused persons
including petitioner under section 306 of Indian Penal Code. He
has got no criminal antecedent. It is further submitted that the
petitioner is languishing in judicial custody since 2.3.2022.
Learned APP appearing for the state has opposed the
prayer of regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bandeya P.S. Case No. 01 of 2022 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Daudnagar, Dist- Aurangabad.
amandeep/-
(Sunil Kumar Panwar, J)
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