Jharkhand High Court
Kusmi Devi vs The State Of Jharkhand ......Opposite ... on 29 September, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 5466 of 2022
1. Kusmi Devi
2. Basanti Devi
3. Devanti Devi
4. Deepak Das @ Deepak Kumar Das
5. Bablu Kumar Das
6. Manoj Kumar Das ...... Petitioners
Versus
The State of Jharkhand ......Opposite party
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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Tarun Kumar No. 1, Advocate For the State : Mr. Sudhir Kumar Mahto, A.P.P. .....
Order No.06/ Dated:29.09.2022 Heard learned counsel for the parties.
Apprehending their arrest in connection with Birni P.S. Case No. 275 of 2021 instituted under Sections 147, 148, 149, 504, 506/34 of the Indian Penal Code and Section 3/4 Prevention of (Daain) Practices Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.
As per F.I.R., allegation is that calling the informant as daain the petitioners have assaulted her abusing in filthy language.
Learned counsel for the petitioners has submitted that petitioners are innocent and have committed no offence at all as alleged in the F.I.R. It is submitted that there is no allegation as to how the informant was identified as daain only offence under Section 3/4 of Prevention of Witch Craft Act is non bailable and other offences are bailable in nature. Parties are gotiya of each other. They have been falsely implicated in this case due to land dispute. 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 C.J.M., Giridih in connection with Birni P.S. Case No. 275 of 2021 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