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Arbind Oraon vs State Of Jharkhand

Jharkhand High Court · Decided on 9 August 2023 · Citation: (2023) 08 JH CK 0028

HON’BLE JUDGES
Gautam Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 201, 302
CASE NUMBER
Bail Application No. 4418 Of 2023
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Judgment

7 paragraphs · 250 words

Gautam Kumar Choudhary, J

Heard learned counsel for the parties.

The petitioner named above has been made accused in connection with Kanke P.S. Case No. 248 of 2021 (S.T. No. 236 of 2022) for the offence under Sections 302, 201, 34 of the Indian Penal Code, pending in the court of AJC-VII, Ranchi.

The deceased is the father of the petitioner and as per the FIR, which has been lodged by the daughter of the deceased, the deceased was an alcoholic and he used to abuse and assault the petitioner and his mother. As a result, there was estranged relationship of the deceased with the petitioner and his mother. On the date of incidence, it is alleged that when the deceased started abusing the mother and brother of the informant, scuffle ensued in which he sustained fatal injury.

It is submitted by learned counsel for the petitioner that there was no intention to cause death and due to grave and salient provocation, scuffle sued between both sides. Only the eye witness to the incidence was the daughter of the informant and during her examination, she has not supported the prosecution case and has been declared hostile.

Learned counsel for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned Court below.