Jharkhand High Court
Mahanand Yadav @ Sukra Yadav vs The State Of Jharkhand on 25 January, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 8885 of 2022
1. Mahanand Yadav @ Sukra Yadav
2. Jagarnath Yadav
3. Prakash Yadav
4. Bhudeo Yadav
5. Rukmani Devi
6. Kavita Devi
7. Most. Pachiya Devi
8. Sugia Devi ...... Petitioners
Versus
1. The State of Jharkhand
2. Dewali Devi ......Opposite parties
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Arun Kumar, Advocate For the State : Mrs. Snehlika Bhagat, A.P.P. .....
Order No.03/ Dated:25.01.2023 Heard learned counsel for the parties.
Apprehending their arrest in connection with Complaint (P.C.R.) Case No. 84 of 2022 instituted under Sections 147/ 323/ 448/ 452/506/34 of the Indian Penal Code and Section 3 & 4 of the Prevention of Witch (Daain) Practices Act, 1999 the petitioners have moved to this Court for grant of privilege of anticipatory bail.
As per complaint case, allegation is that present petitioners came to the house of the complainant calling her witch and admitted to administer cow dung to her and also assaulted by fist and slap. It is further alleged that they have damaged the house hold articles worth Rs. 5,000/- and took away Rs. 10,000/- cash and also extended threatening to death.
Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that there is land dispute between the parties. Both parties are gotiyas to each other and partition of land has not been taken place. It is submitted that no alleged occurrence has take place and no injury has been found at the present petitioners. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioners. Hence, the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dumka in connection with Complaint (P.C.R.) Case No. 84 of 2022 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 number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) R.K/