IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.4801 of 2011
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1. Radheshyam Layak
2. Rambriksha Layak
3. Katki Manjhi
4. Ganesh Layak ... ...... Petitioners
Versus
The State of Jharkhand .... ... .... ... Opp. Party
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CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioners : Mr. Mithilesh Singh, Advocate
For the Opp. Party : A.P.P.
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03 /11.08.2011
Heard learned counsel for the parties.
Petitioners are accused in a case registered under Sections 302, 201 & 376(2)
(g)/34 of the Indian Penal Code.
It reveals from the F.I.R. that Rupa Kumari, daughter of the informant, left
home to witness Sarswati Puja but she did not return. On the following morning
dead body of Rupa was found hanged with a tree. During investigation one mobile
set belonging to accused Meghan Layak was recovered from the cloth of the dead
body of Rupa. After arrest of Meghan Layak he confessed his guilt along with other
accused persons including the petitioners.
It is submitted that besides extra judicial confession no cogent evidence has
been collected by the I.O. to connect the petitioners with this offence. It has come in
the case diary that Rupa was having affair with Meghan Layak who is not petitioner at
present.
Learned counsel for the State has opposed the prayer for bail and submitted
that Rupa was subjected to gang rape and thereafter done to death.
Admittedly, the I.O. has not collected cogent evidence against the petitioners
except the extra judicial confession.
In the aforesaid facts and circumstances of the case, above named petitioners
are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Dumka in connection with Jarmundi P.S. Case No.25
of 2011 corresponding to G.R. Case No.179 of 2011.
(D.N. Upadhyay, J)
NKC