Jharkhand High Court
Murli Mandal vs The State Of Jharkhand ... Opposite ... on 9 January, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.9354 of 2019
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1.Murli Mandal
2.Gandhi Mandal
3.Pandav Mandal
4.Kisnu Mandal @ Kishno Mandal
5.Bishnu Mandal @ Bishnu Mahaa
6.Raju Mandal
7.Sujit Mandal ... 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. Raja Ravi Shekhar Singh, Advocate For the State : Mr. Sandip Kr. Burnwal, Addl. P.P.
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Order No.02 Dated- 09.01.2020 Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Rajmahal P.S. Case No.209 of 2019 (G.R. No.1294 of 2019) registered under sections 147/ 148/ 307/ 323/ 341/ 354/ 379/ 380/ 504/506/34 of the Indian Penal Code and under Section 3/4 of Prevention of Witch (Daain) Practices Act.
Heard learned counsel for the petitioners and learned Addl. P.P. for the State.
Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners trespassed into the house of the informant and assaulted her and outraged her modesty and called her a Daain. It is further submitted that the allegation against the petitioners are all false and in the supervision note, it has been mentioned by the officer who is supervising the investigation of the case, that only the offences punishable under Section 147/148/323/504/506 of the I.P.C. and 3/4 of Witch Craft (Daain) Practices Act, 1999 are made out as mentioned in paragraph no.29 of the case diary and for the self-same occurrence, from the side of the petitioners, Purnima Devi also instituted Complaint Case no.536 of 2019 which on being forwarded to police under Section 156 (3) Cr.P.C. Rajmahal P.S. Case No.515 of 2019 has been registered. It is then submitted that co-
accused persons, with similar allegations, have already been given the privileges of anticipatory bail by this Court vide order dated 10.12.2019 passed in A.B.A. No.8595 of 2019. It is lastly submitted that the petitioners are ready and willing to jointly pay Rs.35,000/- 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. 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 eight weeks from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs.35,000/- as ad interim victim compensation in favour of informant of 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., Rajmahal in connection with Rajmahal P.S. Case No.209 of 2019 (G.R. No.1294 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 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 of this case and hand over the said demand draft to her after proper identification.
(Anil Kumar Choudhary, J.) Animesh/