Janki Mahto vs The State of Jharkhand

The petitioner is an accused in a case registered under Section 304B / 34 of the Indian Penal Code.

The petitioner has been prosecuted for causing torture and treating the daughter of the informant with cruelty for want of dowry during her lifetime.

Petitioner earlier moved this Hon''ble Court in B.A.No.8687/2016 and vide order dated 22.10.2016 the Court was not inclined to grant bail to the petitioner and the prayer for bail of the petitioner was rejected.

As such the petitioner has again renewed his prayer for bail.

It has been submitted by learned Sr. Counsel Mr. R.S.Mazumdar that there is no eye-witness to the alleged occurrence and nobody saw committing murder of the deceased.

It has been further argued that even from the impugned order it transpires that it is a case of suicide not of murder. Learned Counsel brings to the notice of this Court the postmortem report and inquest report which is taken on Board. The postmortem report and the inquest report reveals that cause of death is due to hanging.

On the other hand Mr. Nilendu Kumar, Counsel for the informant submits that it is a case of murder and in the suicidal note cruelty of the husband is reflected.

Learned A.P.P. submits that as the trial has started and in view of the fact that it relates to murder for demand of dowry the case of the petitioner should not be considered for bail.

After hearing the parties and going through the case record, this Court finds that though the marriage was solemnized within seven years but there is nothing on record to prove that it was a case of dowry death. The postmortem report and the inquest report cannot be ignored at this stage.

In view of the aforesaid facts and circumstances and also of the fact that petitioner has remained in custody since for a year, this Court is inclined to release the petitioner on bail. Accordingly, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- ( Twenty thousand) with two sureties of like amount each to the satisfaction of the A.D.J. II, Deoghar in connection with Kunda P.S. Case No. 53 of 2016, corresponding to G.R.No.742 of 2016 (S.T.No.196/2016).

The petitioner shall appear before the trial court on each and every date as and when required by the Trial court, failing which the trial court is at liberty to cancel his bail bond.