Samuel Bara Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 4832 of 2013 Samuel Bara Petitioner Versus The State of Jharkhand Opp. Party ----- CORAM: HONBLE MR. JUSTICE R.R. PRASAD ----- For the Petitioner : Mr. Sameer Saurabh, Advocate For the State : A.P.P. ----- 4/14.08.2013 Heard learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. The petitioner is an accused in a case instituted under Section 302 of Indian Penal Code. Learned counsel appearing for the petitioner submits that on the version of the informant, who happens to be the sister of this petitioner, that this petitioner along with his wife came to her house and stayed in the night and in the morning both, the petitioner as well as his wife, went away and then this petitioner alone returned home and subsequently, dead-body of the petitioner's wife was found in the well and, therefore, suspicion was raised against this petitioner that he after committing murder of his wife dumped the dead-body in the well, she lodged a case under Section 302 of Indian Penal Code but the informant has turned hostile and that the other witnesses have derived knowledge from the informant who will not improve the version of the prosecution case when the informant herself has turned hostile and, therefore, there is absolutely no chances of this petitioner being convicted in this case. Regard being had to the facts and circumstances of the case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Simdega in connection with S.T. No. 48 of 2013. AKT (R.R. Prasad, J.)