Jharkhand High Court
Kameshwar Mistri And Anr vs The State Of Jharkhand on 24 March, 2014
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 12065 of 2013
1. Sitaram Mahto
2. Gregori Kerkatta Versus The State of Jharkhand
with
B. A. No. 1662 of 2014
1. Kameshwar Mistri
2. Ramkrishna Ram @ Krishna Ram Versus The State of Jharkhand
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioners : M/s S.K. Pandey & Devesh Krishna, Advs.
For the State : A.P.P.
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3/ 24.03.2014Both these bail applications arise out of the same case and as such, they are taken up together and disposed of by this common order.
Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution.
The petitioners have been made accused for the offences under Sections 302/34 of the Indian Penal Code, in connection with Ranka P.S. Case No. 131 of 2013 corresponding to G.R. No. 2544 of 2013.
The case relates to alleged murder of an employee of D.C. Office of Garhwa and in the FIR, it is alleged that petitioner Krishna Ram had taken the deceased along with him for a feast. It appears from the FIR, which was lodged by the wife of the deceased, that she was informed that petitioner Kameshwar Mistri was also present at the place where the feast was organized. The other petitioners are not named in the FIR.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and in the case diary, it has come that in the feast, there was consumption of liquor by the persons present and it appears that the deceased had died due to over consumption of alcohol. It is also submitted by learned counsel for the petitioners that there was no injury on the deceased and the cause of death could not be ascertained. Learned counsel has accordingly, prayed for bail.
Learned A.P.P. for the State, on the other hand, has opposed the prayer for bail, but he has admitted that no witness has stated anything showing any assault on the deceased, rather, the witnesses have only stated that all of them were taking liquor. It is also apparent from the case diary that the cause of death could not be ascertained and the charge sheet has been submitted under Section 304 IPC.
In the facts of this case, I am inclined to enlarge the petitioners, Sitaram Mahto, Gregori Kerkatta, Kameshwar Mistri and Ramkrishna Ram @ Krishna Ram, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Garhwa, in connection with Ranka P.S. Case No. 131 of 2013 corresponding to G.R. No. 2544 of 2013.
( H. C. Mishra, J.) R.Kr.