DEEPAK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by petitioner has been filed for cancellation of bail granted to opposite parties No. 2 and 3 on 29.9.2003 and 28.10.2003 respectively by lllrd Additional Sessions Judge, Banka in Sessions Trial No. 814 of 2003 arising out of Banka Police Station Case No. 66 of 2003.

(2.) Brief facts of the case are that petitioner lodged a case under Section 306 of Indian Penal Code against opposite party No. 2, husband of petitioner's sister Bijli Devi and opposite party No. 3, mother-in- law of Bijli Devi alleging that owing to torture on Bijli Devi by petitioners, Bijli Devi, on 31.3.2003 at about 7 P.M., by running from the house of petitioners, jumped in a well situate near Panchayat Bhavan and committed suicide. On 29.9.2003, petitioner No. 3 was granted bail considering the submission on her behalf that in first information report, there is no allegation of murder, deceased committed suicide by jumping into the well, a fact which came during investigation and opposite party No. 3 was, admittedly, a woman entitled to benefits provided under Section 437(2) of Code of Criminal Procedure. On 28.10.2003, opposite party No. 2 was granted bail considering the submission on his behalf that deceased committed suicide, he was a minor boy and his case stood on similar footing as that of opposite party No. 3.

(3.) The learned counsel appearing on behalf of petitioner has submitted that the post mortem examination report of deceased (Annexure-3) discloses that the death of deceased was not a case of suicide by jumping into the well and cause of death, as found by the doctor who held post mortem examination on the dead body, was asphyxia due to strangulation and it was the case of post mortem drowning. It is further argued that the Court below, while granting bail to opposite parties No. 2 and 3, did not apply judicial mind and acted in mechanical manner and ignored the materials collected during investigation and also ignored the fact that after investigation chargesheet under Sections 302, 201/34 of Indian Penal Code has been submitted against opposite parties No. 2 and 3. Petitioner has prayed for cancellation of bail granted to opposite parties No. 2 and 3.