Jharkhand High Court
Nandu Das @ Nandan Kumar Das vs The State Of Jharkhand ... Opposite ... on 18 March, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1349 of 2020
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Nandu Das @ Nandan Kumar Das ... Petitioner
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 Petitioner : Mr. Shahid Yunus, Advocate
For the State : Mr. S.K. Sharma, Addl. P.P.
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Order No.02 Dated- 18.03.2020
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Madhupur P.S. Case No.94 of 2018 (G.R. Case No.266 of 2018) registered under sections 147/148/323/448/504/354B of the Indian Penal Code and under section 3/4 of the Prevention of Witch (Daain) Practices Act.
Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner entered into the house of the informant, abused her by saying Daain and holding the hair of the informant forcibly put excreta in her mouth alleging that she is a Daain. It is further submitted that the allegations against the petitioner are false. It is then submitted that the petitioner has filed rent fixation case before the L.R.D.C., Madhupur which was disposed of and presently Revenue Misc Appeal No. 120 of 2018 is under challenge against the informant and another and in this respect, the learned counsel for the petitioner draws attention of this Court to the order dated 23.07.2019 in A.B.A. No.4793 of 2019 wherein at Annexure-2 of the said anticipatory bail application which is the copy of the appeal memo which showed that land dispute is going on between the parties in respect of plot no.35, area 0.42 acres, Jamabandi No. 44 in Mouza Bherwa Newadih, P.S. Madhupur. It is further submitted that the petitioner undertakes not to go over the said land unless and until an appropriate order is passed in his favour by the competent court of law. It is then submitted that the petitioner is ready and willing to pay Rs.5,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes that he will not annoy or disturb the informant in any manner during the pendency of the case and also undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused person whose case stands on the similar footing has already been given the privilege of anticipatory bail by this Court vide order dated 23.07.2019 in A.B.A. No.4793 of 2019. Hence, it is submitted that the petitioner 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 petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing a demand draft of Rs.5,000/- as ad interim victim compensation in favour of informant and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhupur, in connection with Madhupur P.S. Case No.94 of 2018 (G.R. Case No.266 of 2018) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not go over the said land in respect of which Revenue Misc Appeal No. 120 of 2018 is under challenge against the informant and another, unless and until an appropriate order is passed in his favour by the competent court of law with further condition that he will not annoy or disturb the informant in any manner during the pendency of the case and other conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.
(Anil Kumar Choudhary, J.) Gunjan-