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Mere marks of hanging on the body of the victim don’t mean that it was a suicide: High Court Of Patna

The petitioners were alleged of killing the informant’s daughter or their Daughter-in-Law. The FIR of the same was done by the village people and police on investigating found that the death happened due to hanging. The Court in the light of all facts and circumstances allowed the plea of the bail to the petitioners. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter of Ranjeet Kumar Mahto v. The State of Bihar[Criminal Miscellaneous No.39831 of 2021].

The facts of the case were that petitioners apprehend arrest in connection with the case instituted under Sections 304(B)/34 of the Indian Penal Code. The petitioner was alleged to have killed their daughter-in-law/informant’s daughter. The learned Counsel of the Petitioner submitted that it was the mother-in-law who filed the FIR. It was submitted that the falsity of the allegation would be clear from the fact that it cannot be believed that a person who has committed a crime would ring the informant to say that they had committed the crime of killing the daughter of the informant. 

The Learned Counsel of the State contended that the FIR was done by some villagers and the police had come to the home of the petitioners on their own. It was further submitted that in the post-mortem only ligature mark has been found on the neck which indicates death by asphyxia due to hanging and no other injury has been found on the body of the deceased. 

The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the fact that the deceased was brought by her husband a the day prior to the incident and the post-mortem report not disclosing any injury on the body except for ligature mark on the neck which shows death by hanging as also the stand taken by petitioners no. 1 and 2 that they are working at Midnapur, in support of which a certificate has been granted by the said transport company, the Court is inclined to allow the prayer for pre-arrest bail.” The petition was disposed of on the mentioned terms and the petitioners were granted bail.

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Judgment Reviewed By Nimisha Dublish

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