The High Court of Jharkhand rejected bail prayer for petitioner accused under Sections 306 and 34 IPC, citing prior assault allegations and witness accounts of violence despite petitioner's claim of non-cordial marriage pressure.
Prayer for bail of the petitioner rejected. Petitioner remains in custody.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 6824 of 2023
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Manjeet Kumar .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party
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Coram: HON’BLE MR. JUSTICE RATNAKER BHENGRA
-----For the Petitioner : Mr. Jitendra Shankar Singh, Advocate For the Opp. Party : Mr. Azeemuddin, Addl.P.P
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Order No. 13 Dated- 21.12.2023
Heard learned counsel for the parties.
The petitioner is an accused in this case for the offence registered under sections 306/ 34 of the Indian Penal Code.
The learned counsel for the petitioner has submitted that the alleged assault has taken place on 15.05.2023 and the deceased was missing from her house on 17.05.2023. On the same day, the petitioner was picked-up by the police and was kept at police picket. It has further been submitted that as per the FIR, on 18.05.2023 the informant has been informed by the police that the deceased was at OTC ground, Ranchi which has also been confirmed by his grand-daughter-Kumari Sona Chandra who found Preeti alone in OTC ground and since her condition was not good, she had admitted the deceased in the hospital. Thereafter, the petitioner was apprehended by the police and his confessional statement has been recoded wherein he has stated that the deceased by calling him was putting pressure upon him for their marriage and she intimated that she was in OTC ground, Ranchi and asked the petitioner to come there and if the petitioner will not come, she would die and in such circumstance no evidence has been collected as against the petitioner to attract Section 306 IPC. The petitioner has also stressed that it was he himself who had informed the parents of the deceased that his daughter was in OTC ground and this suggest that he was not anyway motivated against her.
Responding to the allegation of violence meted out to the deceased, learned counsel for the petitioner has pointed out from paragraph -33 of the case diary where the Call Detail Reports have been studied or examined and stated that between 11.05.2023 to 18.05.2023 the deceased and the petitioner had communicated with each other as many as 52 times which would indicate that both the parties who are in communicating terms and further submitted that they were in
relationship and therefore, there is no reason the petitioner would want any harm to be caused to the deceased. Therefore, the learned counsel for the petitioner has submitted that the petitioner may be released on bail.
Learned counsel for the State, on the other hand, while referring to the case diary and has read out from the restatement of the informant and has submitted that the deceased has been assaulted by the petitioner earlier and this assault was also witnessed by two teachers namely Rabindra Saw and Arjun Saw and they have stated that they had seen the accused-petitioner assaulting the deceased and therefore, this suggests that the relationship was not cordial between them and subsequently this has led to the death of the deceased who committed suicide. Therefore, the petitioner should not be granted privilege of bail.
Having gone through the records and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected at this stage.
(Ratnaker Bhengra, J.)
Umesh/uploaded
2 issues framed by the court
Whether the petitioner accused under sections 306 and 34 of the Indian Penal Code is entitled to bail.
Whether the relationship evidence and Call Detail Reports are sufficient to deny bail despite the petitioner's lack of motive claims.
Manjeet Kumar
The State of Jharkhand
Ratnaker Bhengra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
