RAMJEE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State. Learned counsel appearing for the petitioners while referring to page no. 15 of the paperbook has submitted that the petitioners have been made accused in Adityapur (R.I.T.) P.S. Case No. 42 of 2013 corresponding to G.R. No. 191 of 2013 registered under Sections 302/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. Learned counsel appearing for the petitioners has submitted that the petitioners are the fatherinlaw and motherinlaw of the deceased. They are staying separately in a separate flat, whereas their son with his wife were staying in a different flat. The deceased was found lying on the floor and the petitioners took the deceased to the hospital for treatment. Now, the chargesheet has been filed under Section 306 IPC and the petitioners are in judicial custody since 04.03.2013. Learned counsel appearing for the State has opposed the prayer for bail. He has produced a copy of the postmortem report, which shows cause of death as shock and haemorrhage.

(2.) FROM the documents on record, I find that there is no material on record to suggest that blood was oozing from the body of the deceased. It is also a matter of record that the petitioners took the deceased to hospital for treatment. Initially, the case was registered under Section 302 IPC. However, on consideration of the material collected during the investigation, the police has submitted chargesheet only under Section 306 IPC against the husband (son of the petitioners). Final form was filed in favour of the petitioners. However, the learned trial court has taken cognizance of the offence against these two petitioners also. In the facts and circumstances of the case, the petitioners namely, Ramjee Singh and Nilam Singh are directed to be released 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 Chief Judicial Magistrate, Seraikella, District Seraikella Kharsawan in connection with Adityapur (R.I.T.) P.S. Case No. 42 of 2013 corresponding to G.R. No. 191 of 2013. Needless to say that the petitioners, during the course of trial, would not take any undue adjournment and they will cooperate with the speedy trial of the case.