The petitioner, an accused under Sections 365 and 34 IPC, was released on bail. The court noted absence of evidence save for one arrestee's statement and lack of eyewitnesses.
Petitioner directed to be released on bail by furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9766 of 2017
Suresh Sao …......... Petitioner(s).
-----CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) :Mrs. Rashmi Kumari, Advocate. For the State : None
04/07.03.2018:
Heard the learned counsel for the petitioner(s).
The petitioner is an accused for the offence under Sections 365 and 34 of the Indian Penal Code.
In the FIR, it is alleged that one Sarita Devi had some affair with the deceased, as a result of which, she had hand in the murder of the deceased. Sarita Devi has been arrested by the police and she admitted that she developed relationship with the petitioner and one Mukesh Singh and thereafter, this petitioner and Mukesh Singh committed the murder of the deceased.
Counsel for the petitioner submits that save and except the confessional statement of Sarita Devi, there is no material on record against the petitioner. She further submits that the petitioner is in custody since 18.9.2017.
None appears on behalf of State to oppose the prayer for bail .
After going through the record, it appears that save and except the confessional statement of Sarita Devi, there is nothing on record against this petitioner. It further appears that there is no eye witness to the said occurrence.
In view of the aforesaid facts of this case, I am inclined to release the petitioner on bail. Accordingly, the petitioner, namely, Suresh Sao 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 Judicial Magistrate, 1st Class, Koderma, in connection with Jainagar P.S. Case No. 200 of 2017, corresponding to G.R. No. 915 of 2017.
(ANANDA SEN , J.)
Anu/-C.P.-3
1 issue framed by the court
Whether the petitioner is entitled to be released on bail.
Suresh Sao
State
Ananda Sen
As recorded by the court registry
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