IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 14958 of 2021

Raju Bhuiyan

… … Petitioner

Versus

The State of Jharkhand … … Opp. Party

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CORAM: HON’BLE MR. JUSTICE SUBHASH CHAND

Through: Video Conferencing

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For the petitioner : Mr. Sheo Kumar Singh, Advocate

For the State : Mr. Ashok Kumar, A.P.P.

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03/ 21.02.2022

This bail application is on behalf of applicant Raju

Bhuiyan with a prayer to release him on bail in case crime being

Panki P.S. Case No. 30 of 2020, corresponding to G.R. No. 535

of 2020 (District- Palamau), registered for the offence under

Sections 302/34 of the Indian Penal Code and under Section 3/4

of Prevention of Witch Craft (DAAIN) Practices Act.

Learned counsel for the applicant has submitted that

F.I.R. of this case was lodged against two named accused

persons, including the applicant, by the informant with the

allegations that his wife who had gone to wash the utensils, was

murdered by accused Balram Bhuiyan Raju Bhuiyan by inflicting

injuries with Tangi and 15 days before this occurrence, the

accused persons had threatened the wife of the informant,

alleging her of practicing witch craft on account of which the son

of Balram Bhuiyan had died.

Learned counsel for the applicant has submitted that

the applicant is innocent and his name transpired in confessional

statement of co-accused and as per F.I.R. version, the informant

is not the eye witness of the occurrence and the applicant has

been languishing in jail since 10.02.2020, having no criminal

antecedent.

Learned A.P.P. appearing on behalf of the State has

vehemently opposed the contention made by the learned

counsel for the applicant and contended that as per F.I.R.

allegations this case is based on direct evidence and the

informant was the eye witness of the occurrence. In his

statement under Section 161 Cr.P.C., the informant stated that

he had seen the accused person assaulting with tangi but could

not understand whether they were assaulting with Tangi to the

wife of the informant himself and when he reached close to the

place of occurrence, both the accused persons Balram Bhuiyan

and Raju Bhuiyan fled away who were armed with tangi and

statement of this witness is also corroborated with the statement

of independent witness Sarhuli Bhuiyan as para 7 of the case

diary, who has supported the prosecution story. Moreover, there

is also the corroborative evidence of the confessional statement

of co-accused Balram Bhuiyan as per para 29 of the case diary

wherein while incriminating himself he has also implicated the

applicant in committing the murder of the wife of the informant.

In view of the submissions made and considering

the materials available on record this bail application of the

applicant is hereby, rejected.

(Subhash Chand, J.)

A.K.Verma