Jharkhand High Court
Hardew Sao And Ors vs The State Of Jharkhand on 29 February, 2016
Author: Amitav K. Gupta
Bench: Amitav K. Gupta
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 3748 of 2015
1. Hardew Sao
2. Rupu Saw @ Ripu Saw
3. Sunaina Devi ...... Petitioners
Versus
The State of Jharkhand ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Petitioners : Mr. Anurag Kashyap, Advocate
For the State : A.P.P.
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05/Dated: 29/02/2016
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with the case registered under Sections 147, 323, 379, 504, 307 of the Indian Penal Code read with Section 3/ 4 of the Prohibition of Witch(daain) Practices Act.
Learned counsel has submitted that the allegation is that in the panchyant convened by the informant these petitioners had called her a 'daain'. It is also alleged that they had assaulted the informant. That one co- accused, Ramchander Paswan @ Ramchandar Paswan @ Ramchandra Paswan who had snatched the silver chain has been granted bail in B.A. No. 5781 of 2015 by order dated 17.08.2015 by a Bench of this Court. It is also submitted that both the parties have entered into compromise and a compromise petition to that effect has been filed in the court below which is at Annexure-2.
Learned A.P.P has opposed the prayer for bail and submitted that the case is not compoundable and F.I.R has been registered under Section 307 of the I.P.C. That the counter affidavit has been filed.
Heard. Perused the materials on records and the counter affidavit. It is evident from the counter affidavit that there is no mention of the injuries sustained by the informant and the allegation of calling the informant daain is omnibus.
Regard being had to the facts and circumstances, the above named petitioners are directed to surrender in the Court below within two weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge the above named petitioners on bail on their furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Palamau at Daltongaj in connection with Pandu P.S. Case No. 14 of 2014 corresponding to G.R. No. 911 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Amitav K. Gupta, J.) Satayendra/