Jharkhand High Court
Bhatni @ Jagni Devi vs The State Of Jharkhand ... Opposite ... on 25 October, 2021
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 7996 of 2021
Bhatni @ Jagni Devi ... Petitioner
Versus
The State of Jharkhand ... Opposite Party
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Santosh Kr. Soni ,Adv.
For the State : Mr. Bhola Nath Ojha ,Addl. P.P.
02 / 25.10.2021Heard the parties.
Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.
In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the present.
Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barhi P.S. Case No.140 of 2019 registered under sections 147/448/341/323/354B/499/504/506 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the villagers including the petitioner forcibly tonsured the head of the informant and Gudiya Devi with help of machine and put lime mark on their head and thereafter put garland of slippers on their neck and paraded them in the village and when her husband opposed the act of the petitioner and the co-accused persons, they assaulted her husband and told them to leave the village. It is further submitted that the allegations against the petitioner are all false and are general and omnibus in nature. Drawing attention of this Court to FIR of Barhi P.S. Case No.139 of 2019 also lodged by the informant one day prior to lodging this case alleging that one Ramesh Dubey who was blackmailing her for six months attempted to outrage her modesty, it is submitted that the allegation that the petitioner and the co-villager ill-treated her because of said relationship with Ramesh Dubey is highly improbable. It is next submitted that the petitioner is ready and willing to pay Rs. 20,000/- by way of two demand drafts of Rs. 10,000/- each drawn in favour of each of the victims i.e. the informant and Gudiya Devi as ad interim victim compensation to the without prejudice to her defence in this case and undertakes to cooperate with the investigation of the case. It is further submitted that the petitioner undertakes not to annoy or disturb the informant or Gudiya Devi in any manner during the pendency of the case nor he will do any act, deed or thing which may lead the informant or Gudiya Devi to leave the village. It is further submitted that the co-accused with similar allegations have already been granted privilege of anticipatory bail by this court vide order dated 24.07.2019 passed in ABA no. 4862 of 2019, hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on depositing Rs. 20,000/- by way of two demand drafts of Rs. 10,000/- each drawn in favour of each of the victims i.e. the informant and Gudiya Devi as ad interim victim compensation to the without prejudice to her defence in this case and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Hazaribag, in connection with Barhi P.S. Case No.140 of 2019 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Cards in the court below with the undertaking that she will not change her mobile number during the pendency of the case and also undertakes that she will not annoy or disturb the informant or Gudiya Devi in any manner during the pendency of the case nor he will do any act, did or thing which may lead the informant or Gudiya Devi to leave the village subject to the conditions laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant-Mamta Devi and Gudiya Devi and hand over the said demand draft to them, after proper identification.
(ANIL KUMAR CHOUDHARY, J.) Smita/-