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2023 Supreme(Jhk) 607

IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA, J.
Musharat Jahan @ Musrat Jahan – Petitioner
Versus
The State of Jharkhand – Respondent
A.B.A. No. 3117 of 2023
Decided On : 14-06-2023

Advocates:
Advocate Appeared:
For the Petitioners: Gopal Krishna Sinha, Chanchal Chhaya.
For the Respondent: Bishambhar Shastri.

Headnote:

Indian Penal Code,1860 – Sections 341, 323, 325, 307, 506, 34 – Offence of Wrongful restraint – Voluntarily causing hurt – Attempt to murder – Anticipatory bail – Held, petitioner undertakes to co-operate with investigation of case and also abide by all terms and conditions which may be imposed in matter of granting anticipatory bail to petitioner – Petitioner may be extended the privilege of anticipatory bail – It appears that petitioner is named accused in F.I.R but no specific overt act has been attributed against her – There is land dispute between parties, hence, she has been roped in this case – Order accordingly.

ORDER :

1. Heard learned counsel for the parties.

2. Apprehending her arrest in connection with Ramna P.S. Case No. 22 of 2022 instituted under Sections 341, 323, 325, 307, 506, 34 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

3. As per F.I.R. allegation is that accused persons were forcefully constructing house over the informant’s land and when he along with his family members went to stop them, then they were severely assaulted by Tangi, Garasha and Lathi inflicting serious bodily injuries.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather she has been falsely implicated in this case. It is further submitted that other co-accused, namely, Safina Bibi, Jilebar Bibi have been granted anticipatory bail by this Court in A.B.A. No. 8921 of 2022 vide order dated 23.11.2022. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

5. Learned Addl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioner.

6. It appears that petitioner is named accused in the F.I.R but no specific overt act has been attributed against her. There is land dispute between the parties, hence, she has been roped in this case.

7. Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, she will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Nagar Untari in connection with Ramna P.S. Case No. 22 of 2022 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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