BUDHWA TIRKEY @ BUDHWA ORAON @ BUDHUWATIRKEY v. THE STATE OF JHARKHAND
A.B.A./8021/2024 · 2025-01-07
Anil Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28402 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28402 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8021 of 2024
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1. Budhwa Tirkey @ Budhwa Oraon @ Budhuwa Tirkey
2. Gajju Tirkey @ Gajju Oraon
3. Sukra Tirkey @ Sukra Oraon .... .... …. Petitioners
Versus
1. The State of Jharkhand
2. Somra Oraon
.... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Pawan Kr. Pathak, Advocate
For the State
: Mr. Fahad Allam, Addl.P.P.
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Order No.03 Dated- 07-01-2025
Heard the parties.
Apprehending their arrest, the petitioners have moved this Court for grant of privileges of anticipatory bail in connection with Complaint Case No.6936 of 2024 registered under Section 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners have committed the murder of the deceased Roshan Linda. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners have been implicated in this case only on the basis of the allegation that they were last seen with the deceased person. It is next submitted that the witnesses of the complainant are hearsay witnesses and because of the prosperity of the family of these petitioners, this false case has been foisted against them. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl. P.P. appearing for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail and submits that there is direct and specific allegation against the petitioners of having committed the murder of the deceased Roshan Linda and causing disappearance of evidence of his murder by throwing his dead body on the railway track so that it would appear that the deceased died because of railway accident. It is further submitted that postmortem report of the
deceased goes to show that the deceased did not die because of railway accident rather the same supports the case of the complainant of murder of the deceased. It is next submitted that in view of serious nature of allegation against the petitioners of committing the murder of the deceased, there is every chance of the petitioners absconding, if given the privileges of anticipatory bail, hence, the petitioners ought not to be given the privilege of anticipatory bail.
Considering the serious nature of allegation against the petitioners of committing the murder of the deceased and the chance of their absconding, if given the privileges of anticipatory bail, this Court is of the considered view that this is not a fit case where the abovenamed petitioners be given the privileges of anticipatory bail. Accordingly, the prayer for grant of privileges of anticipatory bail of the abovenamed petitioners is rejected.
(Anil Kumar Choudhary, J.) Animesh/