Allowed

Mahati Buriuily Alias Chhote Alias Odiya v. the State of Jharkhand

Jharkhand HC11 Dec 2019Cr.Rev./103/2019

Case brief

AI extract

What is this about?

Single judge bail order in a juvenile murder case. Court released petitioner on bail noting absence of eye witness and reliance on presumptions, imposing bond conditions and restriction from criminals.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties subject to father being a surety and filing affidavit against association with criminals.

Mahati Buriuily Alias Chhote Alias Odiya Vs the State… — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 103 of 2019

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Mahati Buriuly @ Chhote @ Odiya …. …. Petitioner(s). Versus State of Jharkhand …. …. Opposite Party(s) ------

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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-----FOR THE PETITIONER(S) : Mr. Gautam Kumar, Advocate FOR THE STATE : Ms. Niki Sinha, APP ------

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06/11.12.2019

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Heard the learned counsel for the parties.

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The petitioner has been made an accused for committing an offence under section 302, 201,120B IPC read with Section 34 IPC.

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After hearing the parties and after going through the case diary, I find that there is allegation against the petitioner that he was talking terms with the deceased over telephone, who was the daughter of the informant. It is presumed by the witnesses that this petitioner was having some illicit relationship with the deceased which resulted in the occurrence. Admittedly there is no eye witness to the occurrence. Only other materials is that some person has seen this petitioner, accompanied the deceased and thereafter returned alone. A mobile which the petitioner was using, was recovered on the confessional statement of this petitioner.

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Considering the fact that there is no eye witness to the occurrence and only on the basis of presumption petitioner, who is juvenile has been kept in custody, I am inclined to release the petitioner on bail. Accordingly, petitioner above named 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 of the satisfaction of the Juvenile Justice Board, Chaibasa in connection with Jhinkpani P.S. Case No. 29 of 2018, corresponding to G.R No. 419 of 2018 (Children’s Case NO. 8 of 2018) subject to the condition that one of the bailers must be the father of the petitioner, who will file an affidavit to the effect that he would not allow his son(petitioner) to have association with criminals.

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This Criminal Revision Application is, accordingly, allowed.

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anjali/ C.P 3

Mahati Buriuily Alias Chhote Alias Odiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahati Buriuily Alias Chhote Alias Odiya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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