Jharkhand High Court
Kunti @ Kiran Devi vs The State Of Jharkhand ... Opposite ... on 20 September, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 6478 of 2019
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1. Kunti @ Kiran Devi
2. Umesh Prasad ... 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. Lalan Kr. Singh, Advocate For the State : Mr. Nawin Kr. Singh, Addl. P.P.
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Order No.03 Dated- 20.09.2019 Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Barhi P.S. Case No.140 of 2019 registered under sections 147/448/341/323/354B/499/504/506 of the Indian Penal Code.
Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.
The Learned counsel for the petitioners submits that the allegation against the petitioners is that the villagers including the petitioners forcibly tonsured the head of the informant and Gudiya Devi with the help of machine and put lime mark on their head and thereafter put garland of sleeper on their neck and paraded her in the village and when her husband opposed the act of the petitioners and the co-accused persons, assaulted her husband and told them to leave the village. It is further submitted that the allegations against the petitioners are false and are general and omnibus in nature. Drawing attention of this Court to FIR of Barhi P.S. Case No. 139 of 2019 also lodged by the informant, one day prior to lodging this case alleging that one Ramesh Dubey who was blackmailing her for six months attempted to outrage her modesty, it is submitted that the petitioners and the co-villagers ill- treated her because of said relationship with Ramesh Dubey is highly improbable. It is next submitted that the petitioners are ready and willing to jointly pay Rs.10,000/- as ad interim victim compensation to the informant and Gudiya Devi without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertakes that they will not annoy or disturb the informant or Gudiya Devi in any manner during the pendency of the case nor they will do any act, deed or thing which may lead the informant or Gudiya Devi to leave the village. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 24.07.2019, passed in A.B.A. No. 4862 of 2019. Hence, it is submitted that the petitioners be also 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 four weeks from the date of this order, they shall be released on bail on jointly depositing Rs.10,000/- i.e. two demand drafts of Rs.5,000/- each drawn in favour of the victims namely the informant -Mamta Devi and the victim- Gudiya Devi as ad interim victim compensation 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 Judicial Magistrate -1st Class, Hazaribagh, in connection with Barhi P.S. Case No.140 of 2019 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 Gudiya Devi in any manner during the pendency of the case nor they will do any act, deed or thing which may lead the informant or Gudiya Devi to leave the village and other conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant -Mamta Devi and the victim- Gudiya Devi and hand over the said demand drafts to them, after proper identification.
(Anil Kumar Choudhary, J.) Sonu-