IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 4740 of 2011
1. Mangal Singh Birua
2. Konka Ban Singh @ Chhot Dusu
3. Kitti Biruia
4. Dursu Birua .... Petitioners
Versus
The State of Jharkhand ... Opposite Party
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CORAM : HONBLE MR. JUSTICE D. N. UPADHYAY
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For the Petitioners : Mr. M. K. Dey
For the State : A. P. P.
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4. 18.8.2011
: This application for grant of regular bail in connection with S.T.
No. 04 of 2011 arising out of Manjhari P.S. Case No. 11 of 2010 (G.R.
Case No. 123 of 2010), registered under Section 302/34 I.P.C.,
pending in the court of learned Sessions Judge, Chaibasa, has been
filed on behalf of petitioners, named above.
It reveals from the F.I.R. that the petitioners who are named in
the F.I.R. alleging that Mangal Singh Birua (deceased) has committed
rape on the wife of one of the the petitioner, namely, Konka Ban Singh,
forcibly kidnapped Mangal Singh Birua from his house in presence of
informant who happens to be the wife of deceased. On the following
morning the dead body of Mangal Singh Birua was thrown near the
house of Munda and Munda of the village directed the informant to
take the dead body from the place.
It is submitted that some of the accused having more or less
similar allegation, have been granted bail vide B.A. Nos. 1548 of 2011
and 3787 of 2011. No specific overtact has been alleged against any of
the petitioner.
Learned counsel appearing for the State has opposed the prayer
and submitted that the eye witnesses examined in the case diary in
paragraphs-6, 7 and 8 have supported the prosecution case. One of
the witness Narayan Birua has been examined under Section 164
Cr.P.C. and he has named these petitioners in his statement. The
informant has also levelled specific allegation against the accused
persons.
Considering the submissions of the learned counsel for the State
and the materials available in the case diary, I do not feel inclined to
release the petitioners on bail. Accordingly, the prayer for bail stands
rejected.
(D.N. Upadhyay, J.)
MK