Allowed

Bablu Marandi v. the State of Jharkhand

Jharkhand HC10 Sept 2024B.A./5233/2024

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted bail to two petitioners accused of murder by branding deceased persons as witches underIPC 302 and the Prevention of Witch Craft Act. Relying on a coordinate bench that granted bail to similar co-accused, the Court directed their enlargement pending trial despite prosecution opposition.

What did the court decide?

Petitioners directed to be enlarged on bail by furnishing bond of Rs. 25,000 each with two sureties of similar amount.

Bablu Marandi Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5233 of 2024

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Bablu Marandi

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Amin Marandi

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... … Petitioners

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Versus

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The State of Jharkhand

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… … Opposite Party

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CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioners : Mr. Suraj Singh, Advocate For the State : Mrs. Priya Shrestha, S.P.P.

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Order No. 08 / Dated 10^th September, 2024

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Heard learned counsel for the petitioners and the learned Special P.P. appearing on behalf of the State.

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The petitioners are accused in connection with Purvi Tundi P.S. Case No. 61 of 2022, dated 05.12.2022, corresponding to S.T. No. 278 of 2023, for the offence registered under Sections 302/ 34 of the Indian Penal Code and Sections 3/ 4 of the Prevention of Witch Craft ( Daain ) Practices Act and the case is pending before the Court of learned Additional Sessions Judge-III, Dhanbad.

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It is submitted on behalf of the petitioners that as per the allegations set out in the F.I.R. is that these petitioners alongwith the co-accused persons have committed the murder of father and mother of the informant under the pretext that both the deceased persons were practicing black magic and as such branding the deceased persons as a witch.

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Learned counsel for the petitioners has submitted that both the petitioners are in jail since 05.12.2022 and the similarly situated co-accused persons namely; Mangali Marandi and Anil Marandi have been enlarged on bail by the coordinate Bench of this Court by order dated 12^th July, 2024 in B.A. No. 4736 of 2024.

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Further it has been pointed out that the trial of this case has commenced and several witnesses have been examined including P.W.-1, Gulu Murmu, P.W.-2, Sunil Marandi and P.W.-3, Lukhi Muni Baski who have not supported

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the case of the prosecution and therefore, it is prayed that let these two petitioners be also enlarged on bail.

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On the other hand the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioners and submitted that the petitioners are involved in the commission of offence of murder by branding the deceased persons as a Witch and therefore, they do not deserve to be enlarged on bail although he did not controvert this fact that the similarly situated co-accused persons namely; Mangali Marandi and Anil Marandi have been enlarged on bail by the coordinate Bench of this Court by order dated 12^th July, 2024 in B.A. No. 4736 of 2024.

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Having heard the parties, perused the records of this case. 8. In the light of the persuasive submissions advanced on behalf of the parties and under the facts and circumstances of this case, the petitioners hereinabove are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Sessions Judge-III, Dhanbad, in connection with Purvi Tundi P.S. Case No. 61 of 2022, dated 05.12.2022, corresponding to S.T. No. 278 of 2023, subject to the condition that the petitioners will appear before the learned Court below on each and every date as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provisions of law.

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(Navneet Kumar, J.)

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D.S.

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2 B.A. No.5233 of 2024

Bablu Marandi v. the State of Jharkhand

Case brief

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Bablu Marandi v. the State of Jharkhand

Case brief

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