Single judge granted bail to petitioner accused in T.D. case involving death by burning due to marriage-related allegations. Court noted petitioner sustained burn injuries supporting accidental cause claim.
Directed release on bail furnishing bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9139 of 2021
Ved Prakash ... … Petitioner
Versus The State of Jharkhand ... … Opposite Party ---------
CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
For the Petitioner : Mr. Ashish Kumar, Advocate Mr. G.K. Sinha, Advocate For the State : Ms. Shweta Singh, A.P.P.
04/02.12.2021 Heard Mr. Ashish Kumar, learned counsel appearing for the petitioner and Ms. Shweta Singh, learned A.P.P. for the State.
The petitioner is an accused in connection with S.T. Case No. 143/2021, arising out of Nagar Untari P.S. Case No. 23/2021, corresponding to G.R. Case No. 1074/2021.
The marriage of the daughter of the informant was solemnized with the petitioner in the year 2008. It has been alleged that there was a demand of a gold chain and a motorcycle and on non-fulfillment of which she was subjected to torture. On 11.02.2021 she was set ablaze by the accused persons.
It appears that the deceased had suffered 80% burn injuries and as per the postmortem report the cause of death was asphyxia caused by burn and shock.
It has been submitted by the learned counsel for the petitioner that in fact the deceased had accidentally caught fire and the petitioner had tried to save her as a result of which the petitioner had also sustained substantial burn injuries. Learned counsel for the petitioner submits that the petitioner is in custody since 06.03.2021.
Learned A.P.P. has opposed the prayer for bail of the petitioner.
On consideration of the fact that the petitioner had indeed suffered burn injuries on his person which to a certain extent is supportive of the submissions made by the learned counsel for the petitioner, the petitioner, named above, is
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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 District & Sessions Judge-1st , Garhwa in connection with S.T. Case No. 143/2021, arising out of Nagar Untari P.S. Case No. 23/2021, corresponding to G.R. Case No. 1074/2021.
(R. Mukhopadhyay, J.)
Alok/-
1 issue framed by the court
Whether bail should be granted to the petitioner, an accused in a criminal trial case alleging arson and torture, considering his accidental injury and custodial status.
Ved Prakash
State of Jharkhand
Rongon Mukhopadhyay
As recorded by the court registry
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