Doman Ram Mahto v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND ------ For the Petitioner For the State For the Informant ------ : Mr. A.K. Kashyap, Sr. Advocate Mr. Anurag Kashyap, Advocate : Mrs. Vandana Bharti, A.P.P : Mr. Amit Kumar, Advocate ------ 3/07.06.2022 Heard learned senior counsel for the applicant, learned counsel for the informant and learned APP for the State. The bail application has been filed on behalf of the above named applicant with a prayer to release on bail in connection with Sonahatu P.S. Case No. 74/2021 under section 304B/34 of the IPC, pending in the court of learned Judicial Magistrate, Ranchi. The learned senior counsel for the applicant has submitted that the FIR of this case was lodged by the father of the deceased against three named accused persons including the applicant with these allegations that the daughter of the informant was married with Purushottam Kumar @ Chhotu on 20.06.2021 and after solemnization of marriage demand of one car and Rs.2 lacs in cash was made and for the nonfulfillment of the same the daughter of the informant was subjected to cruelty.

On 19.11.2021, the daughter of the informant was administered with some pesticide and she was admitted to the hospital where she died on 23.11.2021. Learned counsel senior for the applicant has also submitted that the applicant is the father-in-law. The charge sheet has been filed. During trial the most of the witness of fact have been examined, who have turned hostile and none supported the prosecution story. The allegations made in the FIR against all the 3 named accused are general and omnibus. The applicant is the father-in-law of the deceased and was not the direct beneficiary of alleged demand of dowry. There is no specific allegation against him in the FIR itself and no evidence that the applicant had subjected deceased to cruelty for the alleged demand of dowry. The applicant has been languishing in jail since 25.11.2021. Learned counsel for informant and learned APP for the State vehemently opposed the contentions made by the learned senior counsel for the applicant and contended that the unnatural death took place within 7 years of marriage in the matrimonial house and prosecution case is supported with the statement of the witnesses though had turned hostile during trial.

In view of the submissions made and the materials on record, the bail application of the applicant is allowed. Let the applicant be released on bail on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two sureties of like amount to the satisfaction of the court concerned in the aforesaid case.

(SUBHASH CHAND, J.)