Jharkhand High Court
Umesh Ram @ Umesh Kumar Das vs The State Of Jharkhand -- --- Opp. Party on 12 March, 2021
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 950 of 2021
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1. Umesh Ram @ Umesh Kumar Das
2. Bharti Devi
3. Gopal Ram
4. Reshmi Devi @ Anita Devi
5. Birju Ram
6. Yogendra Kumar
7. Binod Ram
8. Vikash Ram --- --- Petitioners Versus The State of Jharkhand -- --- Opp. Party
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh Through Video Conferencing
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For the Petitioners : Mr. Md. Azam, Adv.
For the State : Mr. V.K. Vashistha, A.P.P.
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02/12.03.2021 Learned counsel for the petitioners submits that defect no.1
relating to filing of page no.16 and 17 stands removed by filing of hard copy of the application. He undertakes to remove the following remaining defects within two weeks :-
9(ii) Case registered u/s stated in para 1 may be verified/corrected.
(iii) Duly certified typed copies may be filed for hand-written pages of annexure 1 & 2.
Office to place the file for inspection and removal of defects within the same time on requisition being made.
All these petitioners seek protection of anticipatory bail in terms of Section 438 of the Cr.P.C. in connection with Simariya P.S. Case No. 150 of 2020 instituted under Sections 147, 148, 149, 341, 323, 337, 307, 385 of I.P.C. and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, pending in the court of learned Additional Chief Judicial Magistrate, Chatra.
Learned counsel for the petitioners submits that a false case has been instituted against all these named accused persons of assaulting the informant and five other persons coupled with the allegations under Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. Informant alleges that the assault was by way of retaliation on the suspicion that informant's wife indulges in witchcraft which led to death of infant child of Umesh Ram- petitioner no.1. He submits that a counter case has also been filed bearing Simariya P.S. Case No.151 of 2020 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354 and 379 of I.P.C. and Sections 3 and 4 of the -2- Prevention of Witch (Daain) Practices Act of the assault committed by the informant party upon these petitioners, as a result of which they have sustained serious injuries. The accused party have also alleged practice of witchcraft against the mother of petitioner no.1. Petitioners may therefore be protected from unnecessary incarceration on the basis of such motivated allegations.
Let case diary be called for from the court of learned Additional Chief Judicial Magistrate, Chatra in connection with Simariya P.S. Case No. 150 of 2020. Learned A.P.P. shall also file a counter affidavit in the matter.
In the meantime, no coercive steps be taken against the petitioners in connection with Simariya P.S. Case No. 150 of 2020 pending in the court of learned Additional Chief Judicial Magistrate, Chatra. Matter be listed on 9th April 2021.
(Aparesh Kumar Singh, J.) Shamim/