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[Cites 6, Cited by 0]

Jharkhand High Court

Pritam Rajak vs The State Of Jharkhand on 26 November, 2015

Author: H. C. Mishra

Bench: H. C. Mishra

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         B. A. No. 6433 of 2015
                               With
                         B.A No.6201 of 2015
       Pritam Rajak                             ...... Petitioner
                                                (B.A No.6433/15)
       Deepak Kumar Rana                        ...... Petitioner
                                                (B.A No.6201/15)

                                        Versus
       The State of Jharkhand                                        ...... Opposite Party
                                                                   (In both cases)
                                    --------
               CORAM         :    HON'BLE MR. JUSTICE H. C. MISHRA
                                    ------
       For the Petitioners          :        Mr. Deepak Kumar, Advocate
                                             Mr. Sachin Mahato, Advocate.
       For the State                :        A.P.P.
                                     ------

3/26.11.2015

Both these applications arise out of the same case and as such, they are being disposed of by this common order.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have been made accused in connection with Telaiya P.S case No. 97 of 2015 corresponding to G.R No.435 of 2015, for the offence under Sections 363, 365, 366, 302, 201 and 120-B of the Indian Penal Code.

The case relates to abduction and murder of the wife of the informant. This is a case of contract killing and subsequently, the informant has also been made accused in the case. The petitioner Pritam Rajak is the brother-in-law of the informant and from the F.I.R., it appears that the informant came to Koderma from Mumbai along-with his wife and after detraining, they were going to their home when she was abducted in a planned manner and subsequently, her murder was committed by the contract killers.

Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and has accordingly, prayed for bail.

Learned counsel for the State has opposed the prayer and has pointed out from the case diary that there is confessional statement of the petitioner, Pritam Rajak, who has admitted to have hired the contract killers on the basis of money sent to him in his bank account by the husband of the deceased, which he had withdrawn and part payment was made to the contract killers. The dead body of the deceased was subsequently recovered. It is, however, admitted that the petitioner, Deepak Kumar Rana has been made accused only on the basis of confessional statements of the co-accused persons.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner, Pritam Rajak, on bail. Accordingly, his prayer for bail is hereby rejected.

So far as the petitioner, Deepak Kumar Rana is concerned, who has been made accused only on the basis of confessional statements of the co-accused, I am inclined to enlarge him on bail. Accordingly, the petitioner, Deepak Kumar Rana, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Koderma, in connection with Telaiya P.S case No. 97 of 2015 corresponding to G.R No.435 of 2015.

( H. C. Mishra, J.) BS/