Rajesh Kumar Nayak vs State of Jharkhand

Heard Mr. Jitendra Shankar Singh, learned counsel for the petitioner and Mr. Tarun Kumar, learned A.P.P. for the State.

The petitioner is an accused in connection with Nawadih P.S. Case No. 25 of 2018, corresponding to G. R. No. 356 of 2018, S. T. No. 367 of 2018.

The marriage of the daughter of the informant was solemnized with the petitioner on 08.07.2016.

It has been alleged that after 6-7 months there was a demand of Rs. 1,00,000/- and a motorcycle and on non-fulfillment of which she was subjected to

torture. It has further been alleged that on 15.11.2018 the daughter of the informant was set on fire by the accused persons and she had died in course

of treatment.

Learned counsel for the petitioner submits that there is a delay of two months in lodging the First Information Report which has not been properly

explained by the prosecution. He has further referred to the evidence of the informant in course of trial in which the informant has clearly stated that

the deceased had disclosed that two unknown persons had set fire upon her. Learned counsel also submits that P.W. - 1 who is an independent

witness and a villager had stated that it was the petitioner who had taken the deceased to the hospital where she died after fifteen days but no First

Information Report was instituted during the intervening period. It has also been stated that the petitioner is in custody since 11.09.2018.

Learned A.P.P. has opposed the prayer for bail of the petitioner. In view of the evidence of P.W. - 4 the complicity of the petitoner appears to have

been diluted as save and except the demand of dowry and torture the allegation of setting the deceased on fire has been attributed not to the petitioner

but to some unknown persons.

Regard being had to the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge - II, Bermo at Tenughat in

connection with Nawadih P.S. Case No. 25 of 2018, corresponding to G. R. No. 356 of 2018, S. T. No. 367 of 2018.