The petitioner, accused under Section 302/34 IPC, sought regular bail. The Court observed that a co-ordinate bench had rejected the sister-in-law of the deceased for the same offence. Consequently, the prayer for bail was rejected.
Prayer for regular bail is hereby rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 293 of 2019
Satyadeo Burnwal, son of Late Basant Burnwal, resident of Ram Ratan Buxi Road, Near Bus Stand, P.O. - B. Deoghar, P.S.- Deoghar (Town), District – Deoghar.
….... Petitioner.
Versus The State of Jharkhand. …… Opposite Party.
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
----- For the Petitioner : Mr. R. S. Mazumdar, Sr. Advocate. : Mr. Anjani Kr. Singh, Advocate. For the State : Mr. Shekhar Sinha, A.P.P. For the O.P. No.2 : Mr. Arvind Kumar Choudhary, Advocate.
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05/Dated:22.02.2019 Heard, learned Senior counsel for the petitioner and learned counsel for
the State assisted by learned counsel for the opposite party no.2.
The petitioner, who is accused for the offence under Section 302/34 of the Indian Penal Code, has prayed for regular bail in connection with Deoghar (Town) P.S. Case No.544 of 2017, corresponding to G. R. No. 1486 of 2017 pending in the court of learned Chief Judicial Magistrate, Deoghar.
Learned Senior counsel for the petitioner has submitted that the petitioner is father-in-law of the deceased and has been made accused with entire family members.
Learned counsel for the State assisted by learned counsel for the opposite party no. 2 has submitted that sister-in-law of the deceased has preferred bail application before this Court vide B. A. No. 5761 of 2018 and same has been rejected by a co-ordinate Bench of this court vide order dated 25.08.2018 as such petitioner being father-in-law may not be enlarged on bail as the bail application of sister-in-law of the deceased has already been rejected by co-ordinate Bench of this Court.
Considering the rival submissions of the parties, since the bail application of sister-inlaw of the deceased namely, Prity Devi @ Priti Barnwal has been rejected by a co-ordinate Bench of this court vide order dated 25.08.2018 passed in B. A. No. 5761 of 2018, this Court is not inclined to grant bail to the petitioner and accordingly, the prayer for bail is hereby rejected.
( Kailash Prasad Deo, J.)
Jay/
2 issues framed by the court
Whether bail should be granted to the father-in-law of the deceased when a co-ordinate bench has already rejected the sister-in-law of the deceased.
Whether the petitioner can be enlarged on bail considering the prior rejection of co-appellants.
1 provisions across 1 enactments
Satyadeo Burnwal
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
