Jharkhand High Court
Basmati Devi vs The State Of Jharkhand .... .... ... on 1 December, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.8699 of 2022
------
Basmati Devi .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
------
Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
------
For the Petitioner : Mr. Hemant Kr. Shikarwar, Advocate For the State : Mr. Santosh Kr. Shukla, Addl.P.P
------
Order No.04 Dated- 01.12.2022 Heard learned counsel for the parties.
Apprehending her arrest in connection with Barkatha P.S. Case No. 223 of 2020 instituted under Sections 147, 148, 323, 325, 341, 379 and 307 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It is alleged that on 27.11.2020 at about 10:30 hours, the informant's father and mother were working in their Khalihan, at that time, one Saryu Mahto along with his wife came with their cattles and started feeding them the paddy of the informant. Upon the protest raised by the informant's father, petitioner along with others started abusing and assaulting the informant's father and mother by means of tangi, lathi and rod causing grievous injuries to them and snatched silver locket and ear-ring of the mother of the informant.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather she has been falsely implicated in this case due to previous enmity. Petitioner is a woman and no specific overt act has been attributed against the petitioner. Co-accused with similar allegation has already been extended privilege of anticipatory bail by the Co-ordinate Bench of this Court vide order dated 27.07.2021 passed in A.B.A. No.4575 of 2021. Petitioner undertakes to co-operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of her arrest or surrendering, she will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Hazaribag in connection with Barkatha P.S. Case No. 223 of 2020 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/