Jharkhand High Court
Maheshwar Munda vs The State Of Jharkhand on 24 July, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.4938 of 2023
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Maheshwar Munda .... .... .... Petitioner Versus
1. The State of Jharkhand
2. Basant Gonghu .... .... ....Opposite Parties
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Sourabh Kumar Das, Advocate For the State : Mr. Nehala Sharmin, Addl.P.P
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Order No.02 Dated- 24.07.2023 Heard learned counsel for the parties.
Apprehending his arrest in connection with Complain Case No. 5101 of 2018 instituted under Sections 147, 149, 341, 323, 379 and 354 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It is alleged that on 09.10.2018, petitioner forming an unlawful assembly along with others marched over the land of complainant and forcibly took away his harvested paddy. Upon protest, petitioner along with others started abusing and assaulting him and during assault, when the complainant's sister-in-law came to rescue him, they assaulted her and outraged her modesty.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with ulterior motive rather he was working as a labour in the land of one Bharat Lal Gonjhu and there is land dispute between the complainant and Bharat Lal Gonjhu. There is general and omnibus allegation against the petitioner of outraging of modesty of complainant's sister-in-law. Petitioner has no criminal antecedents and he 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.
It appears that it is a complaint case. There is no requirement for custodial trial of the petitioner. Hence, without expressing any view on the merits of the case, this anticipatory bail application is disposed off.
Petitioner is directed to appear before the court below and seek regular bail which shall be disposed off in strict compliance of guidelines laid down by the Hon'ble Supreme Court of India in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2021(10) SCC 773 as well as recent observation of Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. reported in 2023 LiveLaw(SC) 233.
(Pradeep Kumar Srivastava, J.) Pappu/