Sarita Devi v. Babita Devi

The State of Jharkhand ------ CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA … … Opposite Party ------- For the Petitioners For the State For the Informant : Mr. Binod Kumar Dubey, Advocate : Mr. Subodh Kumar Dubey, APP : Mr. Ashok Kumar Singh, Advocate -------- 02 /22.08.2023 Heard the learned counsel for the petitioners, the learned APP for the State and the learned counsel for the informant. The petitioners are accused in a case registered under sections 302/34 of the Indian Penal Code. The learned counsel for the petitioners submits that there are five accused persons in this case including these two petitioners. However, counsel says that during the entire allegations there is nothing about these two petitioners assaulting the deceased with any weapon of assault including any sharp cutting weapon. The learned counsel further submits that the background of the case is land dispute and the occurrence was on the spur of the moment.

The allegations regarding the petitioners is that they have provided the tangi to the other accused which then consequently resulted in the assault on the deceased. However, counsel says that as per the medical report there is no such injuries or two sharp cutting injuries that can be attributed to tangi or tangi injuries. Moreover, he said that petitioners are in custody from 31.3.2023, therefore for the purpose of bail they have already stayed sufficient time in custody. Learned counsel for the informant, on the other hand, has opposed the bail petition and submitted that assault was done by tangi which was provided so by the petitioners concerned and therefore they cannot escape from the liability. Moreover as per the P.M. report and the doctor opinion, there was injuries of the nature that they were designated as sharp cutting injury which can only be done by the weapon provided by these petitioners which is tangi, therefore, bail should not be allowed to the petitioners. -2- Having heard both counsels, gone through the records of the case and in the facts and circumstances of the case, I am inclined to release the petitioners, named above, on bail, on furnishing bail bond of Rs.

25,000/- (rupees twenty five thousand only)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate at Chatra in connection with Chatra Sadar P.S. Case No. 69 of 2023 , subject to the condition that the petitioners shall remain present on each and every date of trial before the Court below unless dispensed with by the learned Court below with further condition that the petitioners will submit self- attested photocopy of their Aadhaar Cards and also submit their mobile numbers before the learned court below which they will always keep active and will not change it during pendency of this case without prior permission of the court. Sharda/ (Ratnaker Bhengra, J.)