High CourtsSingle Bench(2020) 12 JH CK 0168

Shishir Bishwas @ Shishir Biswas @ Shishiro Biswas vs State Of Jharkhand

Jharkhand High Court · Decided on 17 December 2020

HON’BLE JUDGES
Anil Kumar Choudhary, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 10048 Of 2020

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Judgment

19 paragraphs · 365 words

Heard the parties through video conferencing.

Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

The petitioner has been made accused in connection with Radhanagar P.S. Case No.372 of 2019 corresponding to G.R. No.1882 of 2019 registered

under Sections 302/120B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has committed the murder of his wife. It is submitted that the allegation against the

petitioner is false. It is next submitted that though the F.I.R. has been registered under Section 302 of the Indian Penal Code but after investigation

police has submitted charge-sheet against the petitioner for having committed the offence punishable under Sections 498- A/306/34 of the Indian Penal

Code. It is also submitted that the petitioner was not present at the place of occurrence rather he was at Thiruvananthapuram in the State of Kerala.

It is also submitted that though the independent witnesses whose statement appears in para-13 of the case-diary, has categorically stated that the

deceased committed suicide and she was not pulling on well with the petitioner and there was a quarrel between them two days prior to the

occurrence. It is then submitted that the petitioner undertakes that he will co-operate with the trial of the case. It is lastly submitted that the petitioner

has been in custody since 25.08.2020 which is evident from para-01 of the instant bail application. Hence it is submitted that the petitioner be released

on bail.

Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioner is directed to be enlarged on bail on

furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Magistrate, 1st Class, Rajmahal in connection with Radhanagar P.S. Case No.372 of 2019 corresponding to G.R. No.1882 of 2019 with the condition

that he will co-operate with the trial of the case.