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Saturday, October 16, 2010

SURAJ PRAKASH vs STATE(Police):JUDGEMENT

Heard the argument on the bail petition filed by counsel for the petitioner Suraj Prakash who is in custody in connection with Deoghar Police Station case No.220/10,G.R.case No.605/10 registered under section 306/34I.P.C.(Abatement of sucide)on the basis of written complaint of Lok Nath Uraown A.S.I. to officer incharge Police Station,Deoghar.The learned A.P.P. opposed the prayer of bail.

Heard the argument and persued the record.From persual of the record it appears that the case has been instituted on the written application to Lok Nath Uraon,S.I. of town Police Station Deoghar.It has been disclosed that on 08.05.10 on the basis of written report of one Deepak Kumar Singh presently residing at Bompass Town at Deoghar,a case of unnatural death was registered bearing U.D Case No.12/10 at Deoghar Town P.S in which the daughter of Deepak Singh namely Priyanka(Dolly) aged about 22 years committed sucide by consuming Sulphos.The marriage of Priyanka of Bompas Town , going to be solmenised on 08.06.10.A letter was thrown in the house of Suraj Prakash Singh,making serios alligations regarding the charecter of Priyanka.There was talk between Suraj Prakash and Priyanka Singh on mobile phone,thereafter Priyanka committed sucide.

I have persued the case diary and the statements of the witnesses.It has been disclosed in the statement u/s 161 Cr.P.C that the deceased had frequent talk with present petitioner.I have also persued the call details filled by the prosecution.From persual of the call details,it appears that the petitioner have not made any call on the day when the offence took place,to the deceased from the mobile,presented to him by the family members of the deceased.There is only oral statement visible that the father of the deceased that the petitioner shown desire to meet the deceased on the evening and prior to that she committed sucide.The petitioner have voluntarily surrendered before the court.Thus,in the given circumtances,petitioner is directed to be released on bail on furnishing bail bond of RS. 10000/with two surities of the like amount each to the saisfaction of the court cocerned.

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