Jharkhand High Court
Nagdev Singh And Ors vs The State Of Jharkhand on 1 August, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 754 of 2017
1. Nagdev Singh
2. Laggu Singh
3. Ayodhya Singh
4. Ram Sevak Singh
5. Jaishree Singh ...... Petitioners
Versus
1.The State of Jharkhand
2. Manmati Devi ...... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioners : Mr. Sheo Kumar Singh, Advocate
For the State : A.P.P.
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04/Dated: 01/08/2017
Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners are apprehending their arrest in connection with the case registered under Sections 147, 148, 149, 323, 341, 452, 504, 506 of the Indian Penal Code and Section 3 / 4 of the Prevention of Witch (Daain) Act.
Despite valid service of notice nobody appears on behalf of the O.P. No.2.
The case of the prosecution is that while the informant was in her house on 20.09.2015 all the accused persons variously armed with tangi, lathi entered into her house at 4.00 P.M. and they hurling abuses started assaulting the informant branding her Daain and warning her to bring reform in herself. The informant out of fear and due to social stigma did not register any protest. It is alleged that again on 30.09.2015 the accused persons entered in her house armed with tangi and lathi and started hurling in filthy languages and branding her to be a Daain caught her with her hair locks and dragged her out of the house alleging that she was pressing ghost in their houses.
Learned counsel for the petitioner has submitted that petitioners have been falsely implicated in this case. It is also submitted that all other Sections except Section 452 of the I.P.C and Section 3 / 4 of the Prevention of Witch (Daain) Act are bailable. It is also submitted that petitioners and the informant are own agnates.
Learned A.P.P has opposed the prayer for anticipatory and produced the case diary.
From perusal of the case diary of paras 6, 7 and 8 that independent witnesses have supported the case but there is no injury available on the record.
In the fact and circumstances of the case, the above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge them on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1 st Class, Palamau in connection with Nawdiha Bazar P.S. Case No. 35 of 2016 corresponding to G.R. No. 1354 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, and subject to the further condition that petitioners shall deposit Rs. 3,000/- each (total Rs. 15,000/-) in the trial Court on the date of surrender.
Thereafter, the trial Court will issue notice to the O.P. No. 2 namely, Manmati Devi and after her appearance trial Court after proper verification shall release the aforesaid amount in her favour.
However, the aforesaid deposition will not prejudice of the case.
(Anant Bijay Singh, J.) Satayendra/