Manju Devi Alias Kajal Devi Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5159 of 2024

Manju Devi @ Kajal Devi, aged about 33 years, W/o Late Jitendra Mehta, R/o Village- Kajrat Nawadih, PO and PS- Hussainabad, District- Palamau, Jharkhand --- --- Petitioner

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Versus The State of Jharkhand --- --- Opposite Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR

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For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Jitendra Pandey, A.P.P.

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03/14.08.2024 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

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Petitioner is an accused in connection with S.T. No. 529 of 2023 arising out of Untari Road P.S. Case No. 12 of 2023 for the offence registered under Section 302/201/120-B IPC, pending in the court of learned Additional Sessions Judge-II, Palamau at Daltonganj.

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It is submitted on behalf of the petitioner that she along with co-accused persons namely Nitlesh Kumar Yadav, Sintu Kr. Yadav and Raghunath Pode has killed her husband. It is further submitted that this petitioner is said to have illicit relation with co-accused Raghunath Pode and except the confessional statement of the petitioner and co-accused persons no incriminating material has been recovered to show involvement of the petitioner in the commission of offence. It has further been pointed out that two of the co-accused persons namely Nitlesh Kumar Yadav @ Nitlesh Yadav and Raghunath Pode @ Raghunath Porey have been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 11372 of 2023 dated 23.02.2024 and B.A. No. 10988 of 2023 dated 12.04.2024 and the case of the petitioner by and large stands on similar footing. Further, it has been pointed out that petitioner is in custody since 02.06.2023 and charge in his case has been framed on 20.03.2024 and therefore, possibility of tempering with the evidence is very remote, therefore, petitioner deserves to be

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enlarged on bail.

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On the other hand, learned A.P.P. has opposed the contentions raised by the petitioner and submitted that petitioner is directly involved in the commission of offence and at her instance the dead body has been recovered and therefore, she does not deserve to be enlarged on bail. However, he did not controvert the fact that similarly situated co-accused persons have been enlarged on bail by a co-ordinate Bench of this Court.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioner, it is found just and proper to enlarge the petitioner on bail.

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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 Additional Sessions Judge -II, Palamau at Daltonganj in connection with S.T. Case No. 529 of 2023 arising out of Untari Road P.S. Case No. 12 of 2023 , subject to the condition that petitioner will cooperate in the criminal proceeding pending in the court below and he will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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A.Mohanty

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Manju Devi Alias Kajal Devi v. the State of Jharkhand

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Manju Devi Alias Kajal Devi v. the State of Jharkhand

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