Jharkhand High Court
Rita Devi vs The State Of Jharkhand .... .... ... on 13 May, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.2897 of 2019
------
1. Rita Devi
2. Manwa Devi .... .... .... Petitioners Versus The State of Jharkhand .... .... ....Opposite Party
------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------
For the Petitioners : Mr. Awanikant Prasad, Advocate
For the State : Addl.P.P.
------
Order No.02 Dated- 13.05.2019
Apprehending their arrest in connection with Ichak P.S. Case No.128 of 2018 instituted under Sections 341, 323, 307, 504, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioners and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioners submits that petitioners along with the co-accused attempted to murder the informant, his son and wife by assaulting them. It is submitted that the allegation against the petitioners is false. It is then submitted that both the petitioners are ladies and for the occurrence of the same day, the husband of the petitioner No.2 had earlier lodged Ichak P.S. Case No.127 of 2018 and in retaliation of that case, this case has been falsely instituted against the petitioners. It is further submitted that the petitioners are ready and willing to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.5,000/-(Rupees five thousand) without prejudice to their defence in this case in favour of the victim namely-Bengali Prasad Mehta. It is lastly submitted that the petitioners undertake not to go over the place of occurrence or to disturb the informant or any of his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the learned Court of S.D.J.M., Hazaribag within four weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.5,000/- (Rupees five thousand) as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the victim namely-Bengali Prasad Mehta and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned Court of S.D.J.M., Hazaribag in connection with Ichak P.S. Case No.128 of 2018 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 they will not go over the place of occurrence or disturb the informant or any of his family members in any manner during the pendency of the case subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the victim namely-Bengali Prasad Mehta and on his proper identification, the court below shall handover the same to him forthwith.
(Anil Kumar Choudhary, J.) Animesh-Rajnish/