The High Court of Jharkhand granted regular bail to the petitioner, an accused under Section 304 IPC, allowing release upon furnishing a bond and sureties due to the informant's testimony of no prior quarrel.
Petitioner released on bail on furnishing Rs. 20,000 bond with two sureties of Rs. 20,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.8015 of 2021
Jiwan Kumar Yadav @ Jivan Kumar Yadav .......... Petitioner.
-Versus-
The State of Jharkhand. .......... Opp. party.
----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. A. K. Chaturvedi, Advocate For the State : Mr. Sunil Kumar Dubey, APP -----
Order No.03 Date: 13.08.2021
This case is taken up through video conferencing.
The petitioner is an accused in a case registered under Section 304B of the Indian Penal Code.
Learned counsel for the petitioner submits that earlier the petitioner’s prayer for bail was rejected by this Court vide order dated 3rd October, 2020 in B.A. No.7411 of 2020. By way of present bail application, the petitioner has renewed his prayer for regular bail primarily for the reason that the informant- Kamesh Yadav (father of the victim), who has been examined in the trial as P.W.1, has clearly deposed that there used to be no quarrel between her daughter (victim) and the petitioner. Since the informant himself has deposed nothing against the petitioner in the trial, the petitioner may be given the privilege of regular bail.
Learned A.P.P. opposes the petitioner’s prayer for bail.
Having heard learned counsel for the parties, I am inclined to enlarge the petitioner, above named, on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount, each, to the satisfaction of learned Additional Sessions JudgeV, Palamau in connection with Sessions Trial No.139 of 2020.
(Rajesh Shankar, J.)
Sanjay/
1 issue framed by the court
Whether the petitioner accused under Section 304 IPC should be released on bail given the informant's deposition stating no prior quarrel existed.
1 provisions across 1 enactments
Jiwan Kumar Yadav @ Jivan Kumar Yadav
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
