IN THE HIGH COURT OF JHARKHAND AT RANCHI

B. A. No. 10160 of 2021

…..

1. Raj Kumar Yadav

2. Dablu Yadav

3. Ramesh Prasad Yadav @ Ramesh Yadav

…… Petitioners

Versus

The State of Jharkhand

…… Opposite Party

-----

CORAM:

HON'BLE MR. JUSTICE SANJAY PRASAD

-----

For the Petitioners

: Mr. Arvind Kumar Choudhary, Advocate

For the State

: Mr. Someshwar Roy, A.P.P.

…..

The matter was taken up through Video Conferencing. Learned counsel for the parties had no

objection with it and submitted that the audio and video qualities are good.

…..

03/24.11.2021

Defects, as pointed out by the office, are ignored.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with Palajori P.S. Case No. 39 of

2021 registered under Sections 302/34 of the Indian Penal Code.

It is submitted that the petitioners are innocent. It is further submitted that

these petitioners have been named in the FIR on mere suspicion and there is no

eyewitness of the occurrence. It is submitted that these petitioners have been implicated

due to village politics. It is submitted that the death has been caused due to drowning and

no marks have been found on the body of the deceased. It is submitted that save and

except confessional statements, there is no evidence against these petitioners for

committing the murder of the deceased. It is further submitted that petitioners are in

custody since 09.06.2021 and hence they may be enlarged on bail.

Learned A.P.P has opposed the prayer for bail and submitted that the

petitioners have confessed their guilt in their confessional statements, which have been

recorded at para-28, 29 and 30 of the case diary. It is further submitted that para-33 of the

case diary, is the seizure list, which shows recovery of one full pant of MR Jeans

Company and one pair of sleeper from the house of petitioner no. 1, Raj Kumar Yadav

and para-34 of the case diary is another seizer list, which reveals recovery of one pair of

sleeper of green colour from Jungle and para-35 of the case diary, which reveals recovery

of one full pant of blue colour with mud soil form the house of petitioner no. 3, Ramesh

Prasad Yadav @ Ramesh Yadav. It is further submitted from para-52 of the case diary is

post-mortem report, which shows the cause of death is <Asphyxia due to drowning=. It is

further submitted that independent witnesses have stated that the petitioners had

threatened the deceased of dire consequences as the deceased had complained against the

petitioner no. 1, Raj Kumar Yadav and as such, bail application of the petitioners is fit to

be rejected.

Perused the FIR, the case diary and the impugned order passed by the Court

below.

It appears from the FIR that the informant has shown strong suspicion against

these petitioners for committing murder of his daughter on the ground that they had

quarrelled with the upcoming son in-law. From perusal of the post-mortem report, which

was conducted on 06.06.2021, it would appear that the cause of death of the deceased

was <Asphyxia due to drowning= and no other injury was found on her body and time of

death was shown within three to seven days. From perusal of the case diary, it would

appear that dead body of the deceased was recovered from the well. Para 66 and 79 of

the case diary reveals that Investigating Officer was directed for comparison of the soil

seized from the place of occurrence with the mud soil found in the clothes of petitioner

no. 1, Raj Kumar Yadav and petitioner no. 3, Ramesh Prasad Yadav @ Ramesh Yadav

from FSL and said FSL report is being awaited.

Considering the facts and circumstances mentioned above, I am not inclined

to enlarge the petitioners on bail at this stage. Hence, their prayer for bail is