Allowed

Khusbu Kumari v. State of Jharkhand

Jharkhand HC3 Nov 2020B.A./3777/2020

Case brief

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What is this about?

High Court at Ranchi allowed bail applications filed by Umesh Das, Khusbu Kumari, and Rajan Prasad Das accused in Narayanpur P.S. Case No. 19 of 2020. The Court ordered their release on bail subject to furnishing bonds and sureties, noting the lack of eyewitnesses and evidence against primary accuseds.

What did the court decide?

Petitioners released on bail by furnishing bond of Rs. 10,000 each with two sureties of like amount.

Khusbu Kumari Vs State of Jharkhand — Bail and Remand | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5679 of 2020

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Umesh Das ... … Petitioner

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Versus

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The State of Jharkhand ... … Opposite Party With B.A. No. 3777 of 2020

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Khusbu Kumari 2. Rajan Prasad Das ... … Petitioners Versus

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State of Jharkhand ... … Opposite Party ---------

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY Through- Video Conferencing

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For the Petitioners : Mr. Nityanand Pd. Choudhary, Adv.

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(In B.A. No. 5679 of 2020)

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Mr. Rajiv Ranjan, Adv. (In B.A. No. 3777 of 2020) For the State : Mrs. Niki Sinha, A.P.P. (In B.A. No. 5679 of 2020), Mr. V.S. Sahay, A.P.P. (In B.A. No. 3777 of 2020) ---------

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03/03.11.2020 Heard Mr. Nityanand Pd. Choudhary, learned counsel for

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the petitioner in B.A. No. 5679 of 2020, Mr. Rajiv Ranjan, learned counsel for the petitioners in B.A. No. 3777 of 2020 and opposed by Mrs. Niki Sinha and Mr. V.S. Sahay, learned A.P.Ps, for the State assisted by Mr. Subrat Kishore Singh, learned counsel appearing for the informant in B.A. No. 3777 of 2020.

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Since both these applications arise out of a common First Information Report they are being disposed of by this common order.

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Defects in both these cases as pointed out by the office are ignored.

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The petitioners are accused in connection with Narayanpur P.S. Case No. 19 of 2020.

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It has been alleged that on 12.02.2020 one Jageshwar Das and Narayan Das had taken the husband of the informant to withdraw money. It has been alleged that he was administered some intoxicated substance and was suspected to have been kept confined. Subsequently the dead body of the husband of the informant was recovered on the confession of co-accused Jageshwar Das.

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The petitioner no. 1 in B.A. No. 3777 of 2020 appears to be the daughter of the Jageshwar Das while the petitioner no. 2

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-2-

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is the son-in-law of Jageshwar Das. The petitioner in B.A. No. 5679 of 2020 is also one of the son-in-law of Jageshwar Das.

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The First Information Report reveals that the deceased had an affair with the petitioner no. 1 of B.A. No. 3777 of 2020 which according to the informant resulted in the incident. The case diary has been perused and para 7 of the case diary contains the statement of one Santosh Hasda who has stated that on 12.02.2020 Narayan Das, Jageshwar Das and Laxman Das had a local drink in his shop and thereafter had left on a motorcycle. From para 16 of the case diary it appears that the dead body of Laxman Das was recovered from a well. The confessional statement of Jageshwar Das has been recorded at para 32 of the case diary. One Gautam Mandal has disclosed at para 47 of the case diary that Jageshwar Das and Narayan Das had come to his C.S.P. Bank along with the deceased and after withdrawing Rs. 300/- they had left. The cause of death as per the postmortem report is asphyxia due to throttling. Admittedly from the case dairy there does not appear to be any eyewitness to the occurrence. The main allegation even as per the statement of the witnesses seem to be focused upon Jageshwar Das and Narayan Das. All the petitioners have been implicated merely on the basis of suspicion.

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In view of the aforesaid facts the petitioner in B.A. No. 5679 of 2020 is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-III, Jamtara in connection with Narayanpur P.S. Case No. 19 of 2020 and petitioners in B.A. No. 3777 of 2020 are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Jamtara in connection with Narayanpur P.S. Case No. 19 of 2020.

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(R. Mukhopadhyay, J.)

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Alok/-

Khusbu Kumari v. State of Jharkhand

Case brief

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Khusbu Kumari v. State of Jharkhand

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