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Onkar Pandey vs The State of Jharkhand & Ors

Jharkhand High Court · Decided on 6 September 2017 · Citation: (2017) 09 JH CK 0010

HON’BLE JUDGES
Shree Chandrashekhar
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-34>Section 34</a>, <a href=1767-304B>Section 304B</a> - Acts done by several persons in furtherance of common intention - Dowry death
RESULT
Allowed
CASE NUMBER
4822 of 2017
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Judgment

6 paragraphs · 346 words
1.

Heard the learned counsels appearing for the parties and perused the documents on record. The petitioner has been made an accused in Masalia P.S. Case No. 34 of 2016 corresponding to G.R. No. 697 of 2016 (S.T. No. 171 of 2016), registered for offence under Section 304B and 34 IPC .

2.

Referring to order granting bail to other co-accused persons by a coordinate Bench vide order dated 10.04.2017 in B.A. No. 503 of 2017 the learned counsel for the petitioner submits that on a bare perusal of the First Information Report, it would be apparent that ingredients for offence under Section 304B IPC are not made out. The petitioner is in judicial custody since 14.06.2016. It is submitted that allegation against the petitioner is of assaulting his wife in drunken stage, however, there is no allegation of torture or harassment in connection with demand of dowry "soon before the death".

3.

Mr. Abhay Kr. Tiwari, the learned APP opposing the prayer for grant of bail submits that death has occurred in unnatural circumstances and, that too, within seven years of marriage.

4.

Considering the order passed by a co-ordinate Bench in B.A. No. 503 of 2017 and having regard to the aforesaid facts and circumstances of the case, the petitioner namely, Rajeev Murmu 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 the learned Additional Sessions Judge-IV, Dumka in connection with Masalia P.S. Case No. 34 of 2016 corresponding to G.R. No. 697 of 2016 (S.T. No. 171 of 2016), on the following conditions :

(i) he shall remain physically present on each and every date during the trial, except for special circumstances, in which the petitioner shall move an appropriate application in the trial court seeking exemption from appearance, and (ii) he shall not change his place of residence without prior permission of the Court.

5.

The instant application is allowed. Let a copy of the order be transmitted to the trial Court through ''Fax''.