Single judge ordered release on bail for petitioner accused of dowry death under Section 304-B IPC, considering delay in FIR and hostile prosecution witness, directing payment of bail bond with sureties to Additional Sessions Judge.
Release on bail upon furnishing bond of Rs.20,000 and two sureties each to Additional Sessions Judge-II, Bermo/Tenughat.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 9549 of 2021
Chhotan Singh …... …. Petitioner Versus The State of Jharkhand .…. … Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH --------
For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Suraj Verma, A.P.P --------
03/ Dated 16.11.2021
Heard learned counsel for the petitioner and learned counsel for the
State.
Case diary, called for, has been received. Perused the same.
The petitioner has been made accused in connection with Penk Narayanpur P.S. Case No.31 of 2019, corresponding to G.R Case No.628 of 2019, S.T No.182 of 2020 for the offence under Section 304-B of the Indian Penal Code, pending in the Court of learned Additional Sessions Judge-II (F.T.C) (C.A.W.), Bermo at Tenughat.
The prosecution case was instituted on the basis of fardbeyan of the informant, Jatal Singh, alleging therein that his daughter, Asha Devi was married with the petitioner. On 27.5.2019 at about 8:30 O'clock, the petitioner immolated her after dousing her in kerosene oil upon her.
There is delay of 15 days in lodging the FIR.
It was submitted that the statement of the informant has been recorded during trial and he has not supported his own case and has been declared hostile.
Petitioner is in custody since 01.06.2020.
Considering the facts of the case, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, 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 Judge-II (F.T.C) (C.A.W.), Bermo at Tenughat, in connection with Penk Narayanpur P.S. Case No.31 of 2019, corresponding to G.R Case No.628 of 2019, S.T No.182 of 2020.
(Ambuj Nath, J.)
BS/
2 issues framed by the court
Whether the petitioner accused under Section 304-B IPC should be released on bail.
Whether the delay in lodging FIR and hostility of the informant affect bail application.
Chhotan Singh
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
