KHURSHID KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 2/19.5.2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made an accused in connection with Majhiaon P.S. Case No. 29 of 2013, S.T. No. 325 of 2013, corresponding to G.R.Case No. 307 of 2013, registered under Sections 394 of the Indian Penal Code, pending in the court of Additional Sessions Judge1, Garhwa.

(2.) IT is submitted by the learned counsel for the petitioner that initially the case was instituted for robbery only against four unknown persons, in which the present petitioner also was an F.I.R. witness. Subsequently, the petitioner has been made accused on the basis of the statement of the husband of the informant. It is submitted that another person, Parwez Sheikh @ Sheikh Parwez was also implicated later on against whom further allegation of rape was made by the informant. He has been granted bail by this Court in B.A. No 1608 of 2014. It is submitted that the whole story is concocted and the petitioner, in fact, is like the family member of the informant as would also appear from the fact that he had signed as an F.I.R. witness. Therefore, he deserves to be enlarged on bail. The petitioner is in jail custody since June, 2013. it is also stated that six witnesses have been examined in the case in which P.W. 1 has been declared hostile and P.Ws. 2 and 3 have not supported the case of the prosecution. It is submitted that other witnesses, who were hearsay witnesses have not supported the occurrence.