ITEM NO.7 COURT NO.1 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).203/2022
(Arising out of impugned final judgment and order dated 08-12-2021 in ABA No. 9084/2021 passed by the High Court of Jharkhand at Ranchi)
BIJEN CHANDRA SINGH Petitioner(s)
VERSUS
THE STATE OF JHARKHAND Respondent(s)
(WITH IA No. 4212/2022 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 4211/2022 – EXEMPTION FROM FILING O.T., IA No. 12609/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 4214/2022 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 05-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Anirban Bhattacharya, AOR
Mr. Rajeev Chowdhary, Adv.
For Respondent(s) Mr. Vishnu Shankar, Adv.
Ms. Tulika Mukherjee, AOR
Ms. Aastha Shrestha, Adv.
Mr. Shwetank Singh, Adv.
Mr. Beenu Sharma, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner has been denied anticipatory bail under Section 438 of the Code of Criminal Procedure 1973 in connection with Jamtara PS Case No 77 of 2021 registered for alleged offences punishable under Section 304B read with Section 34 of the Indian Penal Code 1860.2
2 The petitioner is the father in law of the deceased, who died within five years of the marriage. The charge-sheet has been submitted to the competent Court and the trial has commenced.
3 Counsel appearing on behalf of the State of Jharkhand states that four witnesses have been examined.
4 The co-accused has been admitted to regular bail. The petitioner is a Railway
servant and apprehends that unless the benefit of anticipatory bail were to be
granted, his employment would be in jeopardy.
5 On 20 May 2022, this Court, while issuing notice, had granted an interim
protection against arrest of the petitioner.
6 Having regard to the facts and circumstances which have been set out earlier,
we confirm the order dated 20 May 2022 and direct that, in the event of arrest of
the petitioner, he shall be enlarged on bail, subject to such terms and conditions,
as may be imposed by the trial court in connection with FIR No 77 of 2021.
7 However, the petitioner is directed to attend to the investigating officer as and
when required in the event that any further aspect of the investigation still
needs to be completed.
8 The Special Leave Petition is disposed of.
9 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
DEPUTY REGISTRAR ASSISTANT REGISTRAR