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Pratima Devi @ Pramila Devi And Ors vs State Of Jharkhand

Jharkhand High Court · Decided on 6 January 2021 · Citation: (2021) 01 JH CK 0062

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 302, 307, 323, 324, 325, 341, 342
RESULT
Allowed
CASE NUMBER
Bail Application No. 10424 Of 2020
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Judgment

17 paragraphs · 343 words

Heard the parties through video conferencing.

Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioners have been made accused in connection with Barlanga P.S. Case No. 12 of 2020 registered under sections 147/148/

149/341/342/323/324/325/307/302 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the member of the unlawful assembly

and being armed with deadly weapon they murdered Dewanand Patel. It is submitted that the allegation against the petitioners is false. It is next

submitted that there is specific allegation against the co-accused-Jay Prakash Mahto having assaulted on the head of deceased-Dewanand Yadav

with a stick and the co- accused Sandip @ Rajju assaulted on the thigh of the deceased- Devanand Patel with an axe. It is next submitted that the

post-mortem report of the deceased-Dewanand Patel shows only two injuries. It is next submitted that the petitioners are female and have been

falsely implicated in this case because of land dispute between the parties. It is next submitted that the petitioners undertake to co-operate with the

trial of the case. It is further submitted that the petitioner no.1 and petitioner nos.2 and 3 have been in custody since 27.07.2020 and 07.09.2020 as

mentioned in paragraph 16 of the bail application. Hence it is submitted that the petitioners be released on bail.

Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioners are directed to be enlarged on bail on

furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.,

1st Class, Ramgarh in connection with Barlanga P.S. Case No. 12 of 2020 with the condition that they will co-operate with the trial of the case.