Tehrun Bibi Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

Tehrun Bibi Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Latehar in connection with Balumath P.S. Case No. 13 of 2004 / G.R. No. 98 of 2004 / S.T. Case No. 127 of 2008(A), conditioned on (i) physical presence on each and every trial date unless prevented by sufficient cause, (ii) not indulging in any or other similar offence till conclusion of trial, and (iii) not tampering with prosecution evidences or influencing prosecution witnesses; violation entails cancellation of bail and custody by the trial court.

Issue for consideration

Whether petitioner Tehrun Bibi, an accused under Section 304(B) IPC in Balumath P.S. Case No. 13 of 2004 / S.T. Case No. 127 of 2008(A), should be enlarged on bail during the pending trial.

Court's answer

Having regard to the facts and circumstances of the case, the nature of allegation and the materials available against the petitioner, the bench was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II, Latehar, subject to the stated conditions (physical presence on each trial date unless prevented by sufficient cause; no indulgence in similar offences; no tampering with prosecution evidences or influencing of prosecution witnesses).

Key takeaways

In case of violation of the bail conditions, the bail shall be cancelled and the petitioner shall be taken into custody by the learned trial court itself.ratio¶22

Detailed headnote1 paragraphs

Bail granted — High Court of Jharkhand at Ranchi (Pradeep Kumar Srivastava, J.), Order dated 25.06.2024 in B.A. No. 5427 of 2024, Tehrun Bibi v. The State of Jharkhand. Petitioner, the mother-in-law of the deceased, is an accused in Balumath P.S. Case No. 13 of 2004 corresponding to G.R. No. 98 of 2004 and S.T. Case No. 127 of 2008(A), registered under Section 304(B) of the Indian Penal Code (dowry death), pending before the learned Additional Sessions Judge-II, Latehar, and has been in judicial custody since 02.05.2024. Per the FIR, there is an allegation of demand of dowry from the informant's daughter, and Sahaukat Ansari, Kasim Miyan and Bitni Bibi are alleged to have killed her after pressing her neck. Counsel for the petitioner pleaded innocence, pointed to a general and omnibus allegation against the petitioner as mother-in-law, and submitted that the co-accused husband of the deceased and the father-in-law had faced trial and been acquitted (submissions from the bar, not court-verified findings). Regard being had to the facts and circumstances, the nature of allegation and the materials available against the petitioner, the bench released the petitioner on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the trial court, subject to conditions of attendance on each and every trial date, abstention from any or other similar offence, and no tampering with prosecution evidences or influencing of prosecution witnesses; violation entails cancellation of bail and custody by the learned trial court itself.