Basanti Devi vs State of Jharkhand

Defects as pointed out by the office are ignored.

Heard Mr. Sarju Prasad, learned counsel for the petitioner, Mr. Nawin Kr. Singh, learned A.P.P. for the State assisted by Mr. Yadunandan Mishra, learned counsel appearing for the informant.

The petitioner is an accused in connection with Penk Narayanpur P.S. Case No. 60 of 2020.

The marriage of the daughter of the informant was solemnized with Basant Kumar Mahto on 14.06.2020. It has been alleged that after marriage, she lived peacefully for a month and thereafter there was a demand of Rs. 3,00,000/- cash and a motorcycle and on non-fulfillment of the said demand, she was subjected to torture and an information was received that on 01.10.2020 the daughter of the informant had left her matrimonial house. Subsequently, after search the dead body of the daughter of the informant was recovered which was hanging from a Mahuwa tree.

It has been stated by the learned counsel for the petitioner that the petitioner is the mother-in-law of the deceased and the allegations are general and omnibus in nature. It has further been stated while referring to some paragraphs of the case diary that the deceased was talking with another person and it was the husband along with his associates who had committed the murder.

Mr. Yadunandan Mishra, learned counsel appearing for the informant has opposed the prayer for bail of the petitioner and has stated that the death had occurred within three and half months from the date of the marriage. It has further been stated that the cause of death has been opined to be asphyxia due to strangulation and the petitioner being the mother-in-law is one of the main accused as there was a persistent demand from her also.

There does not appear to be any evidence save and except the suspicion that it was the husband of the deceased who was solely responsible for committing the murder of the deceased.

A perusal of the First Information Report reveals that the entire in-laws have been made accused and the allegations are general and omnibus in nature with respect to the demand of a motorcycle and Rs. 3,00,000/- in cash. The petitioner appears to be in custody since 16.10.2020.

On consideration of the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Bermo at Tenughat, in connection with Penk Narayanpur P.S. Case No. 60 of 2020.