Mahesh Narain Singh vs The State of Jharkhand through its Chief Secretary, & Ors.

Heard the learned counsels appearing for the parties and perused the documents on record.

The petitioner has been made accused in Bharno P.S.Case No.06/2017, corresponding to G.R. No.87/2017 [S.T.Case No.150/2017] registered under Sections 302 and 376 IPC .

Contending that there is no eye-witness to the occurrence and cause of the death could not be ascertained by the doctor who performed the post-mortem examination over the dead body, the learned counsel for the petitioner submits that the petitioner who is in judicial custody since 28.01.2017, after a charge-sheet has been filed in the case, deserves grant of bail.

The learned APP opposing the prayer for grant of bail submits that one of the witnesses namely, Geeta Shree Kumari, whose statement under Section 164 Cr.P.C . has been recorded, has stated that she has seen the accused persons taking away the victim towards the field. On this, the learned counsel for the petitioner submits that the statement of this witness is contradicted by the fardbeyan of the informant who has stated that at about 8 p.m. she came back home and in the next morning she found her daughter dead in her room.

Having regard to the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Gumla in connection with Bharno P.S.Case No.06/2017, corresponding to G.R. No.87/2017 [S.T.Case No.150/2017], with the conditions that he shall appear during the trial regularly and he shall not change his residence without permission of the court.

This application is allowed. Let a copy of this order be sent to the trial court through FAX.