PHILMON CHERMAKO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.P.P. for the Prosecution. The petitioner has been made accused for the offence under Section 302 of the Indian Penal Code, in connection with Raidih PS. Case No. 60 of 2012 corresponding to GR. No. 1007 of 2012.

(2.) THERE is direct allegation against the petitioner to have assaulted the deceased. However, it appears from the FIR, which was lodged by the brother of the deceased, that the deceased used to misbehave with the wife of the petitioner, for which, there was a Panchayati also in the village and the deceased was warned not to visit the house of the petitioner. It appears from the FIR itself that the deceased was assaulted at the house of the petitioner, and thereafter, he ran away from there and fell down near a jack fruit tree, where he died.

(3.) LEARNED A.P.P. for the State has opposed the prayer for bail submitting that the witnesses, who are brother and father of the deceased, have not stated that the deceased had misbehaved with the wife of the petitioner on the date of occurrence also. In the facts of this case, particularly, in view of the fact that it has come in the FIR that the deceased used to misbehave with the wife of the petitioner and the witnesses have also stated that on the date of occurrence, he had gone to the house of the petitioner saying that he will take her away, and the FIR shows that the deceased was assaulted at the house of the petitioner, I am inclined to enlarge the petitioner, Philmon Chermako, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/ - (ten thousand), with two sureties of the like amount each, to the satisfaction of Sri Md. Umar, learned Judicial Magistrate 1st Class, Gumla, or his successor, in connection with Raidih P.S. Case No. 60 of 2012 corresponding to G.R. No. 1007 of 2012.