BHIKHO YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Jamua P.S. Case No. 211 of 2012 (G.R. No. 1784 of 2012) for the alleged offence punishable under Sections 498 -A, 304 -B, 34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Giridih. Heard the learned counsel for the petitioners as well as learned APP appearing on behalf of the State and perused the FIR and others papers annexed to the application.

(2.) LEARNED counsel for the petitioners submitted that the present petitioners are brothers -in -law and sister -in -law of the deceased and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. It is further submitted that the petitioners are residing separately as there was a partition took place amongst the brothers in April 2008 and in support thereof, the learned counsel for the petitioners have also referred the document of family partition, as annexed to this petition vide Annexure -2.

(3.) IT appears that investigation is over and charge -sheet has been submitted. Therefore, now there is no possibility of tampering with the evidence. Having regard to the facts and circumstances of the present case, the petitioners, above -named, are directed to be enlarged on bail, on furnishing bail bond of Rs. 10,000/ - (rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M., 1st Class, Giridih in connection with Jamua P.S. Case No. 211 of 2012 (G.R. No. 1784 of 2012) subject to the following conditions: