Citation : 2021 Latest Caselaw 96 Jhar
Judgement Date : 7 January, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.10555 of 2020
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Md. Rajjaque @ Rajak Mian ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Rohit Agarwal, Adv.
For the State : Mr. A. P. Topno, Addl. P.P.
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02/07.01.2021 Heard the parties through video conferencing.
Learned counsel for the petitioner 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 petitioner, the defects pointed out by the stamp reporter are ignored for the present.
The petitioner has been made accused in connection with Margomunda P.S. Case No.26 of 2014 corresponding to G.R. No.328 of 2014 (S.T. No.119 of 2020) registered under Sections 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has murdered the daughter of the informant namely Safeda Khatoon by assaulting her with fists and slaps. It is submitted that the allegation against the petitioner is false. It is further submitted that though the F.I.R. was registered against one Md. Rajak of village- Birajpur, P.S. Karmatanr, District- Jamtara yet charge-sheet has been submitted after more than six years of lodging of the F.I.R. against the petitioner of the same name who is a resident of is a resident of village- Patrodih, P.S. Narayanpur of District- Jamtara. It is also submitted that the co-accused persons, after trial vide Sessions Trial No.05 of 2020 have been acquitted vide judgment dated 15.02.2020. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner has been in custody since 13.07.2020 which is evident from para-11 of the instant bail application. Hence it is submitted that the petitioner be released on bail.
Learned Addl. P.P. opposes the prayer for bail.
Considering the facts of this case, the above named petitioner is directed to be enlarged 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-IV, Deoghar in connection with Margomunda P.S. Case No.26 of 2014 corresponding to G.R. No.328 of 2014 (S.T. No.119 of 2020) with the condition that he will co-operate with the trial of the case.
Animesh/ (Anil Kumar Choudhary, J.)
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