Jharkhand High Court
Sarita Devi vs The State Of Jharkhand .... .... ... on 2 February, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 10212 of 2022
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1. Sarita Devi
2. Anisha Kumari @ Amisha Kumari
3. Usha Kumari .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Rakesh Ranjan, Addl.P.P
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Order No. 04 Dated- 02.02.2023 Heard learned counsel for the parties.
Apprehending their arrest in connection with Rajmahal P.S. Case No. 305 of 2021 instituted under Sections 323, 324, 147, 148, 379, 354B, 307, 504, 506 of the Indian Penal Code, and sections 3/4 of Witch (Daain) Practices Act, the petitioners have moved this Court for grant of privilege of anticipatory bail.
It is alleged that on 25.12.2021 at about 4:00 pm, the dispute arose between parties for fetching water from hand-pump. It is further alleged that petitioner and his family members forming an unlawful assembly armed with axe assaulted the informant and her husband and bhainsur causing injuries to them and called the informant daain and snatched her ornaments and cash.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is submitted that other similarly situated male accused persons have been granted anticipatory bail by this Court in A.B.A. No.4984 of 2022 vide order dated 17.08.2022. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rajmahal in connection with Rajmahal P.S. Case No. 305 of 2021 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their 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/APK