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Nuzhat Jahan Vs. the State of Bihar

Nuzhat Jahan vs The State of Bihar

Type Court Judgment Court Patna Decided May 19, 2012
~2 min read
https://sooperkanoon.com/case/975334

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Nuzhat Jahan

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.1762 of 2012 ====================================================== nuzhat jahan .... .... petitioner/s versus the state of bihar .... .... opposite party/s ====================================================== coram: honourable mr. justice dinesh kumar singh oral order (per: honourable mr. justice dinesh kumar singh”19. 01-2012 heard learned counsels for the petitioners and the state. the petitioner being the block development officer is apprehending his arrest in a case registered under section 306 of the indian penal code. the deceased was a clerk in the office of the petitioner who committed suicide. in the suicidal note he alleged the reason of suicide due to him being marked absent, explanation was being asked and his payment of salary has been stopped. it appears that some explanation was called for by the petitioner from the deceased for the bona fide dereliction of the duties. it is submitted by learned sr. counsel for the petitioner that there was some dispute in the house of the deceased also with regard to the distribution of the salary of the petitioner among the family members. patna high court cr.misc. no.1762 of 2012 (2) dt.19-01-2012 2/2 it is further submitted that still the suicidal note has not been verified. the action of the petitioner being a superior officer of the deceased prima facie does not appear to constitute an offence of abetment. considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, munger in connection with kasim bazar p.s. case no. 209/2011 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j.) amrendra

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1762 of 2012 ====================================================== Nuzhat Jahan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH”

19. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner being the Block Development Officer is apprehending his arrest in a case registered under Section 306 of the Indian Penal Code. The deceased was a clerk in the office of the petitioner who committed suicide. In the suicidal note he alleged the reason of suicide due to him being marked absent, explanation was being asked and his payment of salary has been stopped. It appears that some explanation was called for by the petitioner from the deceased for the bona fide dereliction of the duties. It is submitted by learned Sr. counsel for the petitioner that there was some dispute in the house of the deceased also with regard to the distribution of the salary of the petitioner among the family members. Patna High Court Cr.Misc. No.1762 of 2012 (2) dt.19-01-2012 2/2 It is further submitted that still the suicidal note has not been verified. The action of the petitioner being a superior officer of the deceased prima facie does not appear to constitute an offence of abetment. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 209/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J.) Amrendra

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