The High Court at Ranchi allowed the bail application of Sushma Devi, accused in a murder case, directing her release on furnishing a bail bond of Rs. 30,000 with two sureties.
Released on bail on furnishing a bond of ₹30,000 with two sureties of ₹30,000 each.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A.No. 9376 of 2021
Sushma Devi … … Petitioner
Versus
The State of Jharkhand … … Opp. Party
CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND Through: Video Conferencing
For the petitioner : Mr. Pankaj Srivastava, Advocate For the State : Mr. Nawin Kr. Singh, A.P.P.
03/ 19.01.2022 This bail application is on behalf of applicant Sushma Devi with a prayer to release her on bail in case crime being Ramuna P.S. Case No. 155 of 2020 corresponding to G.R No. 852 of 2021 (S.T. No. 155 of 2021) (District- Garhwa), registered for the offence under Sections 302, 201/ 34 of the Indian Penal Code.
Learned counsel for the applicant has submitted that this case was lodged by the informant in regard to the murder of his son, who had gone to his in-laws’ house but did not return and after three days, dead body of his son was found and this FIR was lodged against the wife of the deceased and other members of inlaws’ house on the ground of suspicion that the relation between the deceased and his in-laws was strained. Learned counsel for the applicant has further submitted that the applicant is the wife of the deceased and there is no evidence against the applicant in regard to her complicity in commission of the alleged offence, except the confessional statement of the applicant and coaccused. It is further submitted that it is alleged against the applicant that she in conspiracy of her paramour has committed the murder of the son of the informant and the so called paramour Dharmendra Choudhary @ Guthal @ Dharmendra Kumar has been granted bail by a co-ordinate Bench of this Court in B.A. No. 4444 of 2021 vide order dated 23.06.2021. It is further submitted that the applicant has been languishing in jail since 01.01.2021. It is further submitted that the charge sheet has been filed in this
case and thus, there is no apprehension of tampering the evidence.
Learned A.P.P. appearing on behalf of the State has vehemently opposed the contention made by the learned counsel for the applicant and contended that the applicant has confessed her guilt that she in conspiracy of her paramour co-accused Dharmendra Choudhary @ Guthal @ Dharmendra Kumar has committed the murder of son of the informant.
In view of the submissions made and considering the materials available on record this bail application is allowed. Let the applicant, namely, Sushma Devi, be released on bail on furnishing bail bond of Rs. 30,000/- (Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Garhwa in connection with Ramuna P.S. Case No. 155 of 2020 corresponding to G.R No. 852 of 2021 (S.T. No. 155 of 2021).
(Subhash Chand, J.)
A.K.Verma
2 issues framed by the court
Whether the bail application filed by the accused in a murder case should be allowed.
Whether the availability of sureties and bail bond amounts satisfies the requirements for release on bail.
SUSHMA DEVI
THE STATE OF JHARKHAND
SUBHASH CHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
