Dipak Yadav Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

Dipak Yadav Vs the State of Jharkhand — Murder and Culpable Homicide | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of Sri Hemant Kumar Singh, learned Judicial Magistrate, 1st Class, Giridih, in connection with Dhanwar (Person O.P.) P.S. Case No. 262 of 2023.

Issue for consideration

Whether petitioner Dipak Yadav, accused under sections 302, 201, 120(B) of the I.P.C. in Dhanwar (Person O.P.) P.S. Case No. 262 of 2023, should be released on bail.

Court's answer

The petitioner is 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 Sri Hemant Kumar Singh, learned Judicial Magistrate, 1st Class, Giridih, in connection with Dhanwar (Person O.P.) P.S. Case No. 262 of 2023.

Detailed headnote1 paragraphs

BAIL GRANTED (murder/drowning case): High Court of Jharkhand at Ranchi, B.A. No. 643 of 2024 (order dated 02.05.2024, Ambuj Nath, J.) — Petitioner Dipak Yadav, accused under Sections 302, 201 and 120(B) IPC in Dhanwar (Person O.P.) P.S. Case No. 262 of 2023 pending before the learned Judicial Magistrate, 1st Class, Giridih, directed to be released on bail on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each. Background: during 30/31.10.2023 the husband of the informant Sitaram Yadav went missing and his dead body was recovered from a well; petitioner and co-accused allegedly consumed liquor together with the deceased, who was thereafter murdered. Defence submitted that apart from the joint consumption of liquor there was no other material against the petitioner, that the postmortem showed death due to asphyxia caused by drowning, and that the deceased may have fallen into the well under the influence of liquor; the A.P.P., opposing bail on the ground that the petitioner was last seen with the deceased near the place of occurrence, stated on specific query that nothing on the record showed any motive of the petitioner to murder the deceased. Considering these facts, the court inclined to release the petitioner on bail.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 643 of 2024

Dipak Yadav … Petitioner - Versus - The State of Jharkhand ... … Opposite Party

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

----For the Petitioner : Mr. Arjun Narayan Deo, Advocate For the State : Mr. Subodh Kr. Dubey, A.P.P. ---

06/02.05.2024

Heard the parties.

Petitioner has been made accused in connection with Dhanwar (Person O.P.) P.S. Case No. 262 of 2023, for the offences registered under sections 302, 201, 120(B) of the I.P.C., pending in the court of Sri Hemant Kumar Singh, learned Judicial Magistrate, 1^st Class, Giridih.

During the intervening period of 30/31.10.2023, husband of the informant Sitaram Yadav went missing. Subsequently, his dead body was recovered from a well. It is alleged that petitioner alongwith the co-accused persons had consumed liquor together and thereafter, he was murdered.

It was submitted that apart from the fact that the petitioner alongwith coaccused persons and the deceased had consumed liquor altogether, there is no other material against the petitioner on the record. It was further submitted that from the postmortem report, it appears that deceased has died due to asphyxia because of drowning. It was finally submitted that under the influence of liquor the deceased might have ffallen in the well and died.

Learned A.P.P. has opposed the prayer for bail and submitted that petitioner was last seen with the deceased near the place of occurrence. However, on specific query as to what was motive of the petitioner to murder the deceased, he submitted that nothing has come on the record to show that the petitioner has any motive to murder the deceased.

Considering the aforesaid facts, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of Sri Hemant Kumar Singh, learned Judicial Magistrate, 1^st Class, Giridih in connection with Dhanwar (Person O.P.) P.S. Case No. 262 of 2023.

(Ambuj Nath, J.)

Jay/-