Baleshwar Rana And Ors vs The State Of Jharkhand on 14 March, 2013

[Cites 4, Cited by 1]

Jharkhand High Court

Baleshwar Rana And Ors vs The State Of Jharkhand on 14 March, 2013

Bench: Jaya Roy

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            B.A No. 1986 of 2013
           1.Baleshwar Rana
           2.Manohar Kumar @ Manohar Rana
           3.Sushma Kumari
           4.Usha Kumari        ..... ..............     Petitioners
                                   -- Versus --
           The State of Jharkhand ......       .........   Opposite Party
                                     ----
           CORAM :         HON'BLE MRS. JUSTICE JAYA ROY
                                    ----
           For the Petitioner :     Mr. Ramawatar Choubey, Advocate
           For the State      :     A.P.P.
                                    ----
2/ 14.03.2013

Heard counsel for the petitioners and counsel for the State.

The petitioners are accused in this case registered under Sections 302, 337, 504/34 of the I.P.C., pending in the court of Chief Judicial Magistrate, Hazaribagh.

Counsel for the petitioners submits that the dispute arose as because the petitioners used to burn coal oven near the window of the house of the informant and thereafter it is alleged that as the informant party forbade them, the accused persons started abusing a89nd started brick-batting causing injuries to the mother -in-law of the informant. It is also alleged that during the course of the treatment she died. Counsel for the petitioner further submits that though it is alleged that the petitioners and their family members assaulted the mother -in-law of the informant by throwing stones etc, but, admittedly, there is no external and internal injury mentioned either in the inquest report or in the post mortem report which shows that the mother in-law of the informant who is an old lady died in natural course. It is further submitted that the petitioner no.3 is unmarried daughter and the petitioner no.4 is an old lady.

Counsel for the State opposed but he has admitted that it has come in the impugned order that there is no external or internal injury mentioned either in the inquest report or in the post mortem report.

Considering the submissions made by both the parties and also considering the fact that there is no external or internal injury as stated earlier, I direct the petitioners, namely Baleshwar Rana, Manohar Kumar @ Manohar Rana, Sushma Kumari and Usha Kumari to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of the like amount each, to the satisfaction of the court below/ Chief Judicial Magistrate, Hazaribagh, in connection with Sadar P.S. Case No.61 of 2013, corresponding to G.R.Case No.304 of 2013), subject to the conditions that one of the bailors will be local resident having immovable property within the jurisdiction of the district concerned.

(JAYA ROY, J.) SI/

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Jharkhand High Court