Jharkhand High Court
Daulat Mandal And Ors vs The State Of Jharkhand on 31 October, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No.1405 of 2017
1. Daulat Mandal
2. Manoj Mandal
3. Rajesh Mandal ...... Petitioners
Versus
The State of Jharkhand ...........Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioners :Mr. P.C. Roy, Advocate
For the State :A.P.P.
..........
06/Dated: 31/10/2017 The petitioners are apprehending their arrest in connection with Sariya P.S Case No. 176 of 2016, corresponding to G.R. No.3088 of 2016 for the offence under sections 147, 323, 324, 307, 448, 504, 506 of the Indian Penal Code and under section 3 of Prevention of Witch Craft Practices Act.
Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. The petitioners are own "gotias" and there is a land dispute between the parties since long. Further, it has been submitted that the present case is counter blast of Sariya P.S. Case No. 177 of 2016.
Learned A.P.P opposed the prayer for anticipatory bail and filed counteraffidavit. Referring to para 7 & 8 of the counteraffidvit learned A.P.P has submitted that the injured have received various injuries.
In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner nos. 1 & 2 namely, Daulat Mandal and Manoj Mandal and accordingly, they are directed to surrender in the Court below latest by 04.12.2017 and in the event of their arrest or surrender the Court below shall enlarge them on bail on furnishing bail bond of Rs. 10,000/ (Rupees ten thousand), with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Giridih in connection with Sariya P.S Case No. 176 of 2016, corresponding to G.R. No.3088 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The petitioner nos. 1 & 2 are directed to deposit Rs. 10,000/ each before the trial court on the date of their surrender. Thereafter trial court will issue notice to the injured Guruchan Mandal and Mukesh Mandal and after their appearance the trial court will release the aforesaid amount of Rs. 10,000/ each of them after making proper verification. The aforesaid deposition of amount would not prejudice the case of the petitioner nos. 1 & 2 during trial.
So far as the prayer for anticipatory bail on behalf of the petitioner no. 3 namely, Rajesh Mandal is concerned, there is direct allegation of assault against this petitioner, I am not inclined to grant him anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected.
Let a copy of this order be communicated to the concerned court through FAX.
Satyarthi/ (Anant Bijay Singh, J.)