Birju Ramani v. The State of Jharkhand

CORAM : HON’BLE MR. JUSTICE H. C. MISHRA For the Petitioners For the State ------ : : ------ Mr. Jitendra S. Singh, Advocate A.P.P. 4/ 07.09.2012 Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution. The petitioners have been made accused for the offence under Sections 302/34 of the Indian Penal Code, in connection with Barharwa P.S. Case No. 84 of 2011 corresponding to G.R. No. 335 of 2011 (S.C. No. 302 of 2011). The petitioners are the father-in-law and mother-in-law of the deceased and in view of the allegation against them, bail application of these petitioners was earlier rejected by order dated 2.1.2012 in B.A. No. 7698 of

#2011. Learned counsel for the petitioners has renewed the prayer for bail submitting that the trial in the case was concluded and the case was fixed for judgment but on the date of judgment, the Court below again in exercise of power under Section 311 Cr.P.C. has summoned other witness for evidene. Learned counsel further submitted that the witnesses examined so far have turned hostile. The order dated 26.5.2012 passed by the Trial Court below has been brought on record as Annexure-3. In view of the fact that it is apparent from the order dated 26.5.2012 passed by the Court below that the case was fixed for judgment but on the date of judgment, other witness was summoned and so far the witnesses, who are close relatives of the deceased, have also not supported the prosecution case, I am inclined to enlarge the petitioners, Birju Ramani and Alawati Devi, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-I, Rajmahal, in connection with S.C. No. 302 of 2011 arising out of Barharwa P.S. Case No. 84 of 2011 (G.R. No. 335 of 2011). R.Kr. ( H. C. Mishra, J.)