Jharkhand High Court
Budhan Singh vs The State Of Jharkhand ... Opposite ... on 14 January, 2022
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 108 of 2022
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1. Budhan Singh
2. Sudan Singh ... 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. Nawal Kishor Pandey, Advocate For the State : Mrs. Snehlika Bhagat, Addl. P.P.
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Order No.02 Dated- 14.01.2022 Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after resumption of the Court in physical mode.
In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Petarwar P.S. Case No.86 of 2020 registered under sections 147/ 149/ 323/325/341/342/354/354B/448/452/500/504/506/509/34 of Indian Penal Code.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were the members of an unlawful assembly and in prosecution of common object of the assembly called the informant-victim to be a Daain, caught her and by tying her hands made her parade in the village in half nude condition. It is further submitted that the allegations against the petitioners are all false. It is next submitted that the petitioners undertake to pay Rs.10,000/- each as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing a demand draft of Rs.10,000/- each as ad interim victim compensation drawn in favour of informant without prejudice to their defence in this case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bermo at Tenughat, in connection with Petarwar P.S. Case No.86 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-