Babu Khan Alias Samsad Khan Alias Md Babu ... vs The State Of Jharkhand on 7 November, 2017

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Jharkhand High Court

Babu Khan Alias Samsad Khan Alias Md Babu ... vs The State Of Jharkhand on 7 November, 2017

Bench: Anil Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  A.B.A. No. 6453 of 2017

            1. Babu Khan @ Samsad Khan @ Md. Babu
            2. Gulshan Bibi @ Gulshan
            3. Khushi Bibi                                  ...       Petitioners

                                            Versus
             The State of Jharkhand                         ...      Opp. Party

        Coram:      HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


        For the Petitioner              : Mr. Naresh Prasad Thakur, Adv.
        For the State                   : Addl. P.P.

02 /07.11.2017

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Dumka (T) P.S. Case No. 108 of 2017 (G.R. No. 537 of 2017) registered under sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.

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

The learned counsel for the petitioners submits that allegation against the petitioners is that the petitioners assaulted the informant, Md. Hasnane and Md. Jahid, causing injuries to them. The learned counsel for the petitioner further submitted that there was a meeting in the village and because of some dispute, a free fight took place between the parties and for the self same occurrence the co-accused person of this case - Md. Samjad Khan @ Samjad Khan has lodged a case against the informant vide Dumka (T) P.S. Case No. 107/2017 and this is a counter blast of that case. The injuries sustained by the informant- Md. Ali Imam @ Tinku and the other two victims are not on vital parts of the body. The learned counsel for the petitioner, further, submits that the petitioners are ready and willing to pay the interim compensation to the victims namely Md. Ali Imam @ Tinku, Md. Hasnane and Md. Jahid. Hence, the petitioners may be given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the above named petitioners. 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 depositing Rs. 2000/- each as interim compensation for the victims - Md. Ali Imam @ Tinku, Md. Hasnane and Md. Jahid and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dumka, in connection with Dumka (T) P.S. Case No. 108 of 2017 (G.R. No. 537 of 2017), subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioners deposit the interim compensation amount in the court of learned Chief Judicial Magistrate, Dumka, the court is directed to issue notice to the victims and release the said amount in their favour, in equal proportion, after proper identification.

(Anil Kumar Choudhary, J.) Sonu-

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Jharkhand High Court