Jharkhand High Court
Sitwa Devi @ Rita Devi @ Sita Devi vs The State Of Jharkhand &Anr ..... Opp. ... on 17 May, 2019
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4316 of 2019
1.Sitwa Devi @ Rita Devi @ Sita Devi.
2.Bablu Prasad @ Sampurna Prasad
3.Madhu Devi @ Madhusree Devi
4.Shatrughan Prasad Petitioner(s)
Versus
The State of Jharkhand &Anr ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
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For the Petitioner(s) : Mr. B.K.DubeyAdvocate For the State : Mr. P.K.Appu A.P.P
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2/Dated: 17/05/2019 Bail application filed on behalf of Sitwa Devi @ Rita Devi @ Sita Devi, Bablu Prasad @ Sampurna Prasad, Madhu Devi @ Madhusree Devi, Shatrughan Prasad is moved by Mr.B.K.Dubey, learned counsel for the petitioners and opposed by Mr. P.K.Appu Additional P.P.for the State.
The petitioners are accused in connection with S.T No. 50 of 2015 arising out Simariya P.S.case No. 108 of 2009, corresponding to G.R. No. 765 of 2009 registered under Sections 304-B/120-B/34 of the Indian Penal Code pending in the Court of learned District and Addl. Sessions Judge-III at Chatra It is submitted that the petitioner No.1 is the mother- in-law of the deceased; whereas the petitioner no.2 is the brother-in-law,petitioner no.3 is the wife of the petitioner no.2 and petitioner no.4 is cousin of uncle-in-law of the deceased . It further submitted that earlier the police had submitted final form in favour of the petitioners but on protest the cognizance was taken against them. They voluntarily surrendered in the court below on 19.4. 2019.It is further submitted that there is general and omnibus allegation against all the accused persons and no specific overtact has been alleged against them. Accordingly, it is prayed that the petitioners may be enlarged on bail.
On the other hand learned A.P.P opposed the bail. Having heard the submissions, I have gone through the records of the case. It appears from the F.I.R that there is general and omnibus allegations against the petitioners who are relatives of the deceased and no specific overtact has been alleged against them. Considering the nature of the offence and the period of detention of the petitioners, I allow this application and I direct the court below to release the petitioners on bail on furnishing their bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Addl. Sessions Judge-III at Chatra. in connection with S.T No. 50 of 2015 arising out Simariya P.S.case No. 108 of 2009,corresponding to G.R.No. 765 of 2009 (Prashant Kumar, J.) SD/Rajnish