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2025 DAILYLAW 8543 (JHR)

RAJU ORAON v. THE STATE OF JHARKHAND

B.A./4043/2025 · 2025-06-12

Anil Kumar Choudhary

body2025

Judgment text

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[2025:JHHC:15278] IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4043 of 2025 ------ 1. Raju Oraon, aged about 25 years, (Aadhar No.7659 3519 1970), son of Sukra Oraon; 2. Somra Oraon, aged about 19 years, (Aadhar No.6961 7912 2522), son of Dhapa Oraon; Both resident of village- Bhasnanda, P.O. + P.S.- Bero, District- Ranchi; .... .... …. Petitioners Versus The State of Jharkhand .... .... Opposite Party ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Birendra Kumar, Advocate For the State : Ms. Shweta Singh, Addl.P.P ------ Order No.02 Dated- 12-06-2025 Heard the parties. Learned counsel for the petitioners files a supplementary affidavit. Let the same be kept in the record. The petitioners have been made accused in connection S.T. No.800 of 2024 arising out of Bero P.S. Case No.96 of 2024 corresponding to G.R. No.2640 of 2024 registered for the offences punishable under Sections 103 (2)/ 3 (5) of the B.N.S., 2023 and under Section 3/4 of the Prevention of Witch Practices Act, 2001. Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention with the co-accused persons, committed the murder of the mother of the informant. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards Annexure-2 page-3 of the Supplementary Affidavit filed today, learned counsel for the petitioners submits that the same is the deposition of the informant recorded during the trial of the case and therein he has categorically stated that he does not know how his mother died and he has not supported the case of the prosecution and he has been declared hostile. It is further submitted that in his cross-examination, the informant has stated that he has no personal knowledge about the occurrence. Drawing attention of this Court towards para-11 of the instant bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is then submitted that the petitioners undertake that they will co- operate with the trial of the case. It is lastly submitted that the petitioners have been in custody since 20.09.2024 as is evident from para-07 of the instant bail application. Hence it is submitted that the petitioners be released on bail. Learned Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above-named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-XX, Ranchi in connection with S.T. No.800 of 2024 arising out of Bero P.S. Case No.96 of 2024 corresponding to G.R. No.2640 of 2024 with the condition that they will co- operate with the trial of the case, furnish their mobile number and photocopy of the Aadhar Card in the court below with an undertaking that they will not change their mobile number during the trial of the case. (Anil Kumar Choudhary, J.) Animesh/