Jharkhand High Court
Patwa Devi vs The State Of Jharkhand .... .... ... on 10 February, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.693 of 2020
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1. Patwa Devi
2. Panwa Devi
3. Babla Yadav @ Bablu Kumar .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioners : Mr. Munna Lal Yadav, Advocate
For the State : Mrs. Anuradha Sahay, A.P.P
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Order No.03 Dated- 10.02.2020
Apprehending their arrest in connection with Pratappur P.S. Case No. 130 of 2019 instituted under Sections 147,149,452,323,325,379 of the Indian Penal Code and Sections 3/4 of Prevention of Witch (Daain) Practices Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned A.P.P appearing for the State.
Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners along with co-accused persons were the members of an unlawful assembly and in prosecution of the common object of the said assembly they trespassed to the house of the informant and assaulted her father-in-law and mother-in-law and the petitioners took away Rs.5,000/- and a silver Hasuli and called her mother-in law a daain. It is submitted that the allegation against the petitioners is false. It is next submitted that alleged injury sustained by the victims are simple in nature. It is next submitted by learned counsel for the petitioners that the petitioners undertake that they will not annoy and disturb the informant or her family members in any manner and will not call her mother-in-law a daain during the pendency of the case. It is lastly submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.30,000/- without prejudice to their defence in this case in favour of the informant. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned S.D.J.M., Chatra within four weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.30,000/- as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the infromant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned S.D.J.M., Chatra in connection with Pratappur P.S. Case No. 130 of 2019 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile numbers and photocopy of the Aadhar Card with an undertaking that they will not change their mobile numbers during the pendency of the case with the condition that the petitioners will not annoy or disturb the informant and her family members in any manner and will not call her mother-in-law a daain during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.
(Anil Kumar Choudhary, J.) Pappu/