Asha Devi vs State Of Jharkhand

Learned counsel for the petitioner has submitted that there are defect(s) being 9(i) to 9(ii) in the instant bail application, as pointed out by the Stamp

reporting dated 07.07.2020, but he has given an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail

application may be heard as it is a regular bail in which the petitioner is in custody since 01.05.2020.

Considering the same, this Court is inclined to hear the bail application on its merits, but with condition that petitioners shall remove the defect within

30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order within 30 days after the lockdown period is over so as to remove the

defect(s).

Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is accused of offence under Sections 363, 302, 201/34 of the Indian Penal Code, prays for regular bail in connection with Tandwa

P.S. Case No.42 of 2020 as Dipika Kumari, aged about 5 years whose dead-body was subsequently found in the heap of cowdung .

Learned counsel for the petitioner has submitted that as per the informant, the victim was last seen with another child, Nandani Kumari, but she has

not been examined by the Police during investigation rather the Police has relied upon one Ashutosh Kumar, aged about 6 years who is not the eye-

witnesses to the occurrence rather a tutored witness. Learned counsel for the petitioner has further submitted that petitioner is a co-villager having

relationship with the deceased as grand-mother in village and there is no motive to commit such offence and only on the basis of concocted material

with a view to falsely implicate, the petitioner has been made accused and he is in custody since 01.05.2020.

Learned counsel for the State has opposed the prayer for regular bail and submitted that sometime may be granted to obtain instruction from the

Superintendent of Police, Chatra as it seems to be a very heinous offence for which counter-affidavit is necessary to be filed along with other material

collected during investigation.

Learned counsel for the informant has submitted that he has filed counter-affidavit along with the post-mortem report and the material collected during

investigation which shows that the petitioner is the only person who was found with the deceased after the deceased fell down from a jhoola and

sustained injury on the head and was taken inside the house and subsequently she was killed by throttling as per the post- mortem report and the dead-

body was concealed in a heap of cow-dung.

Considering the rival submissions of the parties, learned counsel for the State is directed to file a detail counter-affidavit.

List this case after four weeks along with counter-affidavit.