Allowed

Vijay Sao v. the State of Jharkhand

Jharkhand HC14 Feb 2019A.B.A./5288/2018

Case brief

AI extract

What is this about?

Single judge allowed bail in an investigation pending case under s. 302 IPC. The court held that since the police had submitted a final form indicating no legal material against the petitioners as the victim died in a ditch, they should be released on bail upon surrender within four weeks.

What did the court decide?

Petitioners directed to be released on bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- each with two sureties of like amount each to

Vijay Sao Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 5288 of 2018

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…..

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Vijay Sao, aged about 42 years, s/o Jagdish Sao

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Sunil Kumar, aged about 22 years, s/o Vijay Sao

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Prakash Kumar, aged about 20 years, s/o Vijay Sao

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Kabutari Devi @ Kavita Devi, aged about 35 years, w/o Vijay Sao All resident of Sared, P.O. & P.S.- Sadar, District- Chatra. …… Petitioners

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Versus

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The State of Jharkhand

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Suresh Sao, aged about 50 years, s/o Sita Sao, R/o Sared, P.O. & P.S. – Sadar, DistrictChatra. …… Opposite Parties

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-----

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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----- For the Petitioners : Mr. Hemant Kr. Shikarwar, Advocate For the State : Mr. Shekhar Sinha, A.P.P For the Informant : Mr. Ashok Kumar, Advocate

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…….

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05/14.02.2019 Petitioners are apprehending their arrest in connection with Complaint Case No. 818 of 2015 for offence registered under sections 302/201/34 of the Indian Penal Code which was registered as a protest to the final form submitted in connection with Sadar P.S. Case No. 87 of 2014.

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Learned counsel for the petitioners has submitted that earlier the police has investigated the case and final form has been submitted by the police, as there is no legal material against them. The complainant has preferred a protest petition, on the basis of which cognizance has been taken. Learned counsel for the petitioners has thus submitted that petitioners may be enlarged on bail.

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Learned counsel for the State assisted by learned counsel for the informant has vehemently argued the case and submitted that petitioners have pushed the minor girl of informant/complainant, because of which she died in the well, as such the privilege of bail may not be granted to the petitioners.

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Considering the submissions, since the police has found, that the victim has died while taking bath in a ditch and there is no legal material against the petitioners, as such submitted final form. The petitioners named above are directed to be released on bail in the event of their surrender/arrest within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Chatra in connection with Complaint Case No. 818 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Kailash Prasad Deo, J.)

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Pallavi/

Vijay Sao v. the State of Jharkhand

Case brief

What is this about?

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Vijay Sao v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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