The High Court of Jharkhand granted bail to the petitioner, an accused in an abduction case, directing him to post a bond of Rs.10,000 with two sureties, noting inconsistencies in witness disclosures regarding his name.
Petitioner released on bail by furnishing a 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. 1772 of 2020 Panda Munda @ Ravi Pahan ... Petitioner Versus The State of Jharkhand … Opposite Party --CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY Through Video Conferencing
--For the Petitioner : Mr. Amit Kumar Choubey, Advocate For the State : Mr. Abhay Kr. Tiwari, A.P.P. --- Order No. 02 Dated 14th September, 2020
Heard the learned counsel appearing for the respective parties.
The petitioner is an accused in connection with S.T. No. 145 of 2015 arising out of Khunti P.S. Case No. 173 of 2013 (G.R. No. 458 of 2013).
It has been alleged that the petitioner and others had forcibly taken away the son of the informant.
It appears that the abducted person has not yet been recovered. From a perusal of the case diary it seems that the witnesses at Paragraph-5, 6 and 7 have stated about the disclosure made by Arjun Singh that the victim was abducted by the petitioner and others. However, in the statement of Arjun Singh which finds place at Para-14 of the case diary, he doesn’t seem to have disclosed the name of the petitioner. The informant who has been examined as P.W. 1 has also stated about the villagers having disclosed about the accused persons. Although in the F.I.R., the petitioner is named, but in the restatement of the informant recorded at Para-5 of the case diary, the disclosure seems to be on the basis of the identification made by Arjun Singh which however has been contradicted by the statement of Arjun Singh himself in which he had not taken the name of the petitioner.
In such circumstances, therefore, the petitioner 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 learned District & Additional Sessions Judge-II, Khunti in connection with S.T. No. 145 of 2015 arising out of Khunti P.S. Case No. 173 of 2013 (G.R. No. 458 of 2013).
(RONGON MUKHOPADHYAY,J.)
MK
1 issue framed by the court
Whether the petitioner should be released on bail in an abduction case where witness statements regarding his name are contradictory.
Panda Munda @ Ravi Pahan
The State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
