P.P. Bhatt, J. - (1.) THE present bail application is filed under Sections 439 and 440 of the Code of Criminal Procedure seeking bail in connection with Jamua P.S. Case No. 211 of 2012 (G.R. No. 1784 of 2012) for the alleged offence punishable under Sections 498 -A, 304 -B, 34 of the Indian Penal Code, pending in the Court of learned Judicial Magistrate, 1st Class, Giridih. Heard the learned counsel for the petitioners as well as learned APP appearing on behalf of the State and perused the FIR and others papers annexed to the application.
(2.) LEARNED counsel for the petitioners submitted that the present petitioners are brothers -in -law and sister -in -law of the deceased and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. It is further submitted that the petitioners are residing separately as there was a partition took place amongst the brothers in April 2008 and in support thereof, the learned counsel for the petitioners have also referred the document of family partition, as annexed to this petition vide Annexure -2. The learned APP while opposing the prayer for bail of the petitioners, submitted that there are sufficient materials against the present petitioners for the alleged punishable offence and, therefore, they may not be enlarged on bail. It is further submitted that after completion of investigation, charge -sheet has been submitted against the petitioners for the alleged offences. It is also submitted that some of the independent witnessed have also supported the case of the prosecution.
(3.) IT appears that investigation is over and charge -sheet has been submitted. Therefore, now there is no possibility of tampering with the evidence. Having regard to the facts and circumstances of the present case, the petitioners, above -named, are directed to be enlarged on bail, on furnishing bail bond of Rs. 10,000/ - (rupees ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M., 1st Class, Giridih in connection with Jamua P.S. Case No. 211 of 2012 (G.R. No. 1784 of 2012) subject to the following conditions: 1. that applicants shall attend in accordance with the conditions of the bond executed under this chapter; 2. that the applicant shall make himself available for interrogation by a police officer as and when required; 3. that applicants shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence; 4. that applicants shall not leave India without the previous permission of the Court, and;