Md Jenul Alias Jenul Mian vs The State Of Jharkhand on 27 July, 2017

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Jharkhand High Court

Md Jenul Alias Jenul Mian vs The State Of Jharkhand on 27 July, 2017

Bench: Anil Kumar Choudhary

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        A.B.A. No.4154 of 2017
                                       ------
       Md. Jenul @ Jenul Mian          ....   .... ....     Petitioner
                                       Versus
       The State of Jharkhand          ....   .... ....Opposite Party
                                ------
CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
                                       ------
       For the Petitioner       : Mr. Sudhir Kumar Roy, Advocate
       For the State            : Addl.P.P.
                                       ------

05/27.07.2017

Apprehending his arrest in connection with Gawan P.S. Case No.36 of 2017 corresponding to G.R. No.1026 of 2017 instituted under Sections 153-A/34 of the Indian Penal Code and Section 12, 13 of Jharkhand Bovine Animal Prohibition of Slaughter Act and 11 (L) Prevention of Animal Cruelty Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.

Learned counsel appearing for the petitioner submitted that the co-accused persons had made a statement before the police that they were carrying the seized flesh for delivery to the petitioner. All the allegations against the petitioner are false. Learned counsel for the petitioner further draws the attention of this Court towards page-17 of the brief which is the certified copy of the order dated 22.06.2017 passed by the Sessions Judge, Giridih, wherein it has been mentioned that "as a result of serological examination, the material exhibit marked A and the material exhibit marked B are flesh from Buffalo source of origin". Hence, no offence under Section 12, 13 of Jharkhand Bovine Animal Prohibition of Slaughter Act,2005 is made out. Hence, the petitioner may be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner but conceded that as a result of serological examination, the material exhibit marked A and the material exhibit marked B are found to be flesh from Buffalo source of origin.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned A.C.J.M., Giridih within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Giridih in connection with Gawan P.S. Case No.36 of 2017 corresponding to G.R. No.1026 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Animesh                              (Anil Kumar Choudhary, J.)

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Jharkhand High Court