Jharkhand High Court
Deepak Verma @ Dipak Vermaa vs The State Of Jharkhand .... .... ... on 5 March, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.886 of 2019
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Deepak Verma @ Dipak Vermaa .... .... .... 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. Vijay Kr. Roy, Advocate
For the State : Addl.P.P.
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Order No.04 Dated- 05.03.2019
Apprehending his arrest in connection with Birni P.S. Case No.71 of 2018 instituted under Sections 341/323/504/506/34 of the Indian Penal Code and Section 3/4 of Prevention of Witch (Dain) Practice Act, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that he called the informant and her daughter-in-law as 'Daain' and it was decided to administer night soil them. It is submitted that the allegations against the petitioner are all false and there is a land dispute between the parties, hence, this false case has been foisted by the informant against the petitioner. It is lastly submitted that the petitioner is ready and willing to co- operate with the investigation of the case and to pay ad interim victim compensation of Rs.5,000/-(Rupees five thousand) without prejudice to his defence in this case to the informant namely- Soniya Devi. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Chief Judicial Magistrate, Giridih within four weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.5,000/- (Rupees five thousand) as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant namely- Soniya Devi and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Giridih in connection with Birni P.S. Case No.71 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and will not disturb or annoy the informant in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits the demand draft of Rs.5,000/- (Rupees five thousand), the court below is directed to issue notice to the informant namely- Soniya Devi and on her proper identification, the court below shall handover the same to her forthwith.
(Anil Kumar Choudhary, J.) Animesh/