The High Court granted bail to the petitioner, accused under Section 302/34 IPC, directing him to furnish a bail bond of Rs. 25,000 with two sureties of like amount.
Petitioner directed to be released on bail upon furnishing a bond of Rs. 25,000 with two sureties of like amount.
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. 5187 of 2022
Munna Paswan @ Munna Ram …… Petitioner
Versus
The State of Jharkhand ……Opposite party
----------
CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----
For the Petitioner : Mr. Md. Imtiaz Khan, Advocate For the State : Mr. Shree Prakash Jha, A.P.P.
Order No.03/ Dated:02.08.2022
Heard learned counsel for the parties.
The petitioner has been made an accused in connection with Haidarnagar P.S. Case No. 134 of 2019, registered for the offence under Section 302/34 of the Indian Penal Code, pending in the court of learned J.M. 1st Class, Palamau at Daltonganj.
The learned counsel for the petitioner has submitted that the FIR of this case was lodged by the father of the deceased with allegations that his daughter had been residing at the house of maternal uncle for the last 5 month. While she was returning to her house from the market, the accused Sheela Devi, Kanti Devi, Sunita Devi and Munna Paswan, all the four teased her by addressing her pagli. The same was opposed by her and all the four accused dragged her to their house and assaulted her. The daughter of the informant was brought home by the brother of the victim Sujit Kumar Mehta.
Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the F.I.R. It is submitted that there is no evidence against the petitioner and there is only
allegation of assault by fist and slap as such the petitioner had no intention or knowledge about the death of the deceased. It is further submitted that other co-accused persons, namely, Sheela Devi in B.A. No. 4261 of 2022 vide order dated 10.06.2022 and Kanti Devi, Sunita Devi in B.A. No. 4488 of 2022 vide order dated 15.06.2022 have been granted bail by the Co-ordinate Bench of this Court. The petitioner is languishing in Judicial custody since 03.01.2022 without rhymes and reasons. It is also submitted that there is no chance of absconding or tampering with the prosecution evidence, hence, the petitioner may be enlarged on bail.
Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that there are sufficient materials against the petitioner showing his involvement in the present case, hence he does not deserve bail.
Regard being had to the facts and circumstances of the case and nature of allegation against the petitioner coupled with materials available against petitioner, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing of bail bond of Rs. 25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned J.M. 1st Class, Palamau at Daltonganj in connection with Haidarnagar P.S. Case No. 134 of 2019.
(Pradeep Kumar Srivastava, J.)
R.K.
1 issue framed by the court
Whether the petitioner should be released on bail in a case concerning alleged grievous hurt leading to death under Section 302/34 IPC.
Munna Paswan @ Munna Ram
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
