Arjun Mahto And Ors vs The State Of Jharkhand on 9 May, 2016

[Cites 10, Cited by 0]

Jharkhand High Court

Arjun Mahto And Ors vs The State Of Jharkhand on 9 May, 2016

Bench: Rongon Mukhopadhyay

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            A. B. A. No. 3120 of 2015
                                           ---
             1. Arjun Mahto
             2. Sanjay Yadav
             3. Ramdeo Yadav
             4. Indramani Yadav                  ...     ...     Petitioners
                                          Versus
             The State of Jharkhand & Ors.       ...     ...     Opp. Parties
                                          ---
      CORAM         : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
                                          ---
             For the Petitioners          : Mr. Ashim Kr Sahani, Advocate
             For the Opp. Partes          : None
                                          ---
10/09.05.2016

Heard Mr. Ashim Kr Sahani, learned counsel appearing for the petitioners. No one appears for the opposite parties.

Petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Dhanwar P.S. Case No. 282 of 2013 corresponding to G. R. No. 2437 of 2013 registered for the offences punishable under Sections 341, 323, 384, 386, 504, 506/34 of the Indian Penal Code.

It has been submitted by the learned counsel for the petitioners that there is a land dispute existing between both the sides for which proceedings under Sections 107 Cr.P.C., 144 Cr.P.C. and 145 Cr.P.C. was/is in existence and, therefore, on the allegation that the petitioners had taken forcible possession of the land in question, they have been implicated.

It appears that the petitioners and the informants are on the inimical terms which would appear from the proceeding initiated against both of them.

In such circumstances, the allegation of forcible possession and demand of extortion against the petitioners seems to be an effect of the earlier proceedings pending between the parties and such circumstances do point to the false implication of the petitioners and, accordingly, this application is allowed and, the petitioners, named above, are directed to surrender in the court below within three weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Giridih, in connection with Dhanwar P.S. Case No. 282 of 2013 corresponding to G. R. No. 2437 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(R. Mukhopadhyay, J.) Umesh/-

Unlock Advanced Research with PRISMAI

Jharkhand High Court