Kamli Devi And Ors vs The State Of Jharkhand on 9 October, 2017

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Jharkhand High Court

Kamli Devi And Ors vs The State Of Jharkhand on 9 October, 2017

Bench: Anil Kumar Choudhary

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            A.B.A. No. 5739 of 2017
                              ------
        1. Kamli Devi
        2. Rupesh Kushwaha
        3. Mukesh Kushwaha
        4. Awadesh Kushwaha
        5. Arun Mahto
        6. Reema Devi
        7. Chandri Devi                  .... .... .... Petitioners
                         Versus
        The State of Jharkhand           .... .... .... Opp. Party

         CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

        For the Petitioners  : Mr. Md. I. Khan, Advocate
        For the State        : Addl. P.P.
                             ------
04/09.10.2017

Apprehending their arrest the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Complaint Case No.50 of 2016 registered under Sections 147/149/341/323/504/448/506 of the Indian Penal Code and under Section 4/5 of Prevention of Witch Craft Act.

Heard learned counsel appearing for the petitioners as well as learned Addl. P.P. for the State.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners assaulted the complainant with Fist Blow causing her injuries and accused confine the complainant and told her that she is a witch and also threatened her to live the village and forcibly put excreta in her mouth. It is further submitted that the petitioners and the complainant are agnates. There is a land dispute between the parties and, due to which, this case has been falsely foisted against the petitioners. Petitioners are ready and willing to pay interim compensation to the victim-complainant. Hence, the petitioners may be given the privilege of anticipatory bail.

Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing demand draft Rs.3000/- each as interim compensation in favour of the victim-complainant-Tukeshwari Devi and furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ramgarh in connection with Complaint Case No.50 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case, the petitioners deposit the interim compensation, the court below shall issue notice to the victim-complainant- Tukeshwari Devi and on proper identification, the said amount so deposited be released in her favour forthwith.

Gunjan   /-                                   (Anil Kumar Choudhary, J.)

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Jharkhand High Court