MADHAVANAND JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the counsels.

(2.) The learned counsel for the petitioner has submitted that the petitioner is making his prayer for bail for the second time and that earlier his prayer for bail was rejected by this Court on 20/9/2023. The learned counsel has further submitted that there has been changed circumstances though on the last occasion as per the statement of elder child under Sec. 161 and 164 CrPC he has implicated the petitioner, however, now in his statement, during trial, he has deposed that on the day of the incident his father had not said anything against his mother and even deposed that police had not taken his statement during investigation. The learned counsel has further submitted that he has further deposed in his cross-examination that his father never used to demand items for dowry from his mother or his mother's parents and that on the occasion when his mother hanged herself his father was not at home and has also deposed that at the time of giving his statement before the Magistrate he was very frightened by his maternal uncle and had given his statement as per his saying. The learned counsel has further submitted that the children are now living elsewhere. Moreover, the petitioner is in custody since 15/1/2023. Therefore, the petitioner may be granted privilege of bail.

(3.) Learned counsel for the State has vehemently opposed the bail application of the petitioner and has submitted that heinous offence of murder of his own wife was committed and the custodial period of the petitioner is very little. The learned counsel for the State has further submitted that the child in his statement under Sec. 164 CrPC has fully supported the allegation made against the petitioner.