Bail application by accused in Sections 304B /34 IPC case. Court allowed bail on Rs.10,000 bond with two sureties on conditions of appearance and residence.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties subject to conditions of appearance and residence
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2088 of 2017
Tarsem Singh, son of late S.Singh, resident of H.No. 6, Zone No. 7, Birsanagar, Kali Mandir Road, PO&PS-Golmuri, Town Jamshedpur, District-Singhbhum East (Jharkhand)
.... Petitioner
-Versus-
The State of Jharkhand ….... Opposite Party
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. A. K. Das, Advocate For the State : Mr. Priyadarshi, APP For the Informant : Mr. Amit Kumar, Advocate -----
13/15.09.2017 Heard the learned counsels appearing for the parties and perused the documents on record.
The petitioner has been made an accused in Golmuri P.S. Case No. 211 of 2016 corresponding to G.R. Case No. 3348 of 2016, registered for offence under Section 304B/34 IPC.
Contending that during the course of investigation none of the independent witnesses have stated that information about harassment and torture to the victim was given to them by the victim or her father/mother, the learned counsel for the petitioner submits that false implication of the petitioner would appear from the fact that in the First Information Report story is in respect of involvement of daughter of the petitioner with one Firoj due to which there was strained relationship between the victim and the daughter of the petitioner, however, the petitioner and other accused persons have also been implicated in this case only on account of their relationship with the victim. The petitioner is in judicial custody since 09.12.2016.
-2-
The learned counsel for the petitioner further submits that during the course of investigation the informant has not disclosed the details of the house which he alleged sold due to which accused persons started demanding Rs. 5 lakhs.
Opposing the prayer for grant of bail, O.P. No. 2 submits that independent witnesses-Naresh Kumar and Tarkeswar Kumar have stated about demand of dowry and harassment by the petitioner.
However, on examination of their statement recorded in paragraph nos. 48 and 49 it does not appear that the victim or her father informed these witnesses about the alleged torture and demand of dowry by the petitioner. Another witness is Jagjot Singh who had accompanied the informant on 04.11.2016 when they visited the matrimonial home of the deceased. Except that, there is nothing on record which would prima-facie indicate that the petitioner is the one who tortured or harassed the victim in connection to demand of dowry.
The learned APP has also opposed the prayer for grant of bail.
Having regard to the aforesaid facts and circumstances of the case, the petitioner namely, Tarsem Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamshedpur in connection with Golmuri P.S. Case No. 211 of 2016 corresponding to G.R. Case No. 3348 of 2016, on the following conditions :
(i) he shall remain physically present on each and every date during the trial, except for special circumstances, in which the petitioner shall move an
appropriate application in the trial court seeking exemption from appearance, and
(ii) he shall not change his place of residence without prior permission of the Court.
The instant application is allowed. Let a copy of the order be transmitted to the trial Court through 'Fax'.
(Shree Chandrashekhar, J.)
Tanuj/-
1 issue framed by the court
Whether the petitioner entitled to bail pending trial implicating charging offenceSection 302/34 IPC.
Tarsem Singh
The State of Jharkhand
Shree Chandrashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
