High CourtsSingle Bench

Mithlesh Yadav vs State of Jharkhand

Jharkhand High Court · Decided on 25 November 2020 · Citation: (2020) 11 JH CK 0080

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 304B
CASE NUMBER
Bail Application No. 8804 Of 2020
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Judgment

18 paragraphs · 333 words

Heard the parties through Video Conferencing.

The petitioner has been made accused in connection with Dhanwar P.S. case no. 228 of 2016 (G.R. No. 2666 of 2016) instituted under sections

304B/34 of the Indian Penal Code.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner caused death of his wife. It is then

submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the

petitioner that the co-accused father of the petitioner faced the trial and vide the judgment dated 03.10.2018 passed in Sessions Trial No. 20 of 2018,

the father of the petitioner has been acquitted consequent upon the informant who was examined as P.W.3 in that case deposing in the said trial that

the deceased died by falling down into the well while taking bath and not supporting the case of the prosecution. It is further submitted by learned

counsel for the petitioner that the petitioner has been in jail custody since 13.11.2019 and the petitioner is ready and willing to co-operate with the trial

of the case, hence, the petitioner may be released on regular bail.

Learned Addl. P.P. opposes the prayer for regular bail of the petitioner.

Considering the facts of the case, the petitioner 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 Additional Sessions Judge-II, Giridih in connection Dhanwar P.S.

case no. 228 of 2016 (G.R. No. 2666 of 2016) with the condition that he will co-operate with the trial of the case.