Sikander Bharti vs State of Jharkhand

Jaya Roy, J.—Heard the counsel for petitioner and counsel for the State. The petitioner is an accused in this case registered under Sections 364 /34 of the I.P.C. pending in the Court of Principal District & Sessions Judge, Chatra.

The counsel for the petitioner submits that though the petitioner is named in the F.I.R. but it has come in the investigation that the petitioner was also with the co-accused namely Pun Bharti. It is also submitted that the victim girl has stated in her statement recorded u/s 164, Cr.P.C., that she has love affairs with the said Pun Bharti. It is also contended that the Pun Bharti has been granted bail by another Bench of this Court in B.A. No. 3665 of 2012 vide order dated 1.7.2012. It is also submitted that the petitioner is in custody from 20.10.2011 i.e., nearly 1 1/2 years.

Counsel for the State opposed but not disputed the contentions made by the counsel for the petitioner. Considering the period of custody of the petitioner and also considering the statement made by the victim lady recorded u/s 164, Cr.P.C., the petitioner, namely Sikander Bharti 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 Court below/Principal District & Sessions Judge, Chatra, in connection with Hunterganj P.S. Case No. 83 of 2011, corresponding to G.R. Case No. 426 of 2011, subject to the condition that one of the bailor will be local resident having immovable property within the jurisdiction of the district concerned.