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Judgment
Gautam Kumar Choudhary, J
Heard both the sides.
This bail application has been filed on behalf of Pammi Kumari who is in custody since 03.04.2025 in connection with Mahuadanr P.S. Case No. 11 of 2025 corresponding to G.R. Case No. 641 of 2025 for the offence registered under Sections 103(1) and 238 of the BNS, 2023 pending in the Court of SDJM, Latehar is pressed into motion.
Informant is the sister of the deceased and as per the F.I.R, there was love affair between the petitioner and the deceased. On 06.03.2025, the deceased left his home and went missing and subsequently, his dead body was recovered on the basis of disclosure statement made by this petitioner.
It is submitted by the learned counsel on behalf of petitioner that there was no direct eye witness to the incidence save and except the disclosure statement made by the petitioner. It is further submitted that in the confessional statement, the petitioner has disclosed before the police that under influence of liquor the deceased attempted to outrage her modesty. Matter involves grave and sudden provocation for which at most an offence under Section 304 Party II of IPC will be made out. Petitioner is a young girl, aged 23 years, and her long incarceration will ruin her life.
Learned A.P.P. for the State opposed the prayer for bail and submitted that it is a case of premediated assault, therefore, it will not come within exception 1 to Section 101 of the BNS.
Considering the facts that the case is based only on the disclosure statement and the defence is that the deceased attempted to outrate the modesty of the petitioner, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.25,000/-(Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the Court below.