This bail petition was disposed of by granting release of the accused petitioner on bail bond and two sureties, considering that co-accused had already been released in related capacities. The court directed release under a specific session case.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 7305 of 2018
Dharmendra Baraik..…................ Petitioner Versus State of Jharkhand. ………… Opp. Party
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Amrit Kr. Singh, Advocate For the State : A.P.P.
4/11.10.2018 Heard learned counsel appearing for the petitioner and the learned counsel for the State, who opposes the prayer for bail.
The petitioner is an accused for allegedly committing offence punishable under Sections 364, 120B of the Indian Penal Code.
It is alleged that Soni Kumari was kidnapped from her house by three unknown persons. This petitioner happens to be the brother-in-law. Admittedly, some unknown persons had kidnapped the deceased. Later on, the dead body of the deceased was recovered for which said Nagri P.S. Case No. 69 of 2017, was registered under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that two criminal cases were registered simultaneously against this petitioner; one at Nagri and another at Basiya. He further submits that in the case, which was registered at Nagri, i.e. Nagri P.S. Case No. 69 of 2017, the petitioner has already been released on bail. He further submits that the other coaccused persons have already been granted bail in the said Nagri P.S. Case No. 69 of 2017 as well as in this case.
Taking into consideration the aforesaid fact, I am inclined to enlarge the petitioner on bail. Accordingly, petitioner namely, Dharmendra Baraik is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-IV, Gumla in connection with S.T. No. 338 of 2017, arising out of Basiya P.S. Case No. 39 of 2017 [G.R. No. 596/2017].
( Ananda Sen, J )
Mukund/-cp. 3
1 issue framed by the court
Whether the petitioner, an accused in sections 364 and 120B IPC cases, is eligible for bail considering co-accused have been released in related cases.
Dharmendra Baraik
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
