Jharkhand High Court
Umesh Ram @ Umesh Kumar Das vs The State Of Jharkhand --- --- Opposite ... on 18 June, 2021
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 950 of 2021
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 --- --- Opposite Party
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing
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For the Petitioners : Mr. A.K. Rashidi, Advocate
For the State : Mr. Vineet Kr. Vashishtha, A. P.P.
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06/ 18.06.2021 Heard learned counsel for the petitioners and learned A.P.P for the State.
All these petitioners seek protection of anticipatory bail in terms of section 438 of 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 the Indian Penal Code and under Section 3 & 4 of 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 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. Learned counsel for the petitioner further submits that the allegations are general and omnibus in nature. The Informant party has been charge-sheeted in connection with Simariya P.S. Case No. 151 of 2020 filed by the petitioner no. 1 - Umesh Ram @ Umesh Kumar Das. In that case also, allegation of Witchcraft Act have been made against 2. the mother of the petitioner no. 1. Therefore, petitioners may be granted the anticipatory bail.
Learned A.P.P has opposed the prayer. However, he submits on the basis of materials in the case diary that the injuries on the Informant party are of simple in nature.
I have considered the submission of learned counsel for the parties and taken into account the facts and circumstances of the case. Having regard to the case and counter case between the parties and that the injuries alleged upon the Informant party are simple in nature, I am inclined to grant anticipatory bail to these petitioners. Accordingly, petitioners, above named, in the event of their surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Chatra in connection with Simariya P.S. Case No. 150 of 2020, subject to the condition as laid down under section 438(2) of the Cr.P.C. Petitioner and his bailors shall not change their address or mobile no. without prior permission of the learned Trial Court.
(Aparesh Kumar Singh, J) Jk/