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2023 Supreme(Online)(JHK) 4926

PRINCIPAL BENCH JHARKHAND
MAMERA BIBI – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
A.B.A. 8985 2023



IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.8985 of 2023

------

1. Mamera Bibi

2. Sufia Bibi @ Mosammat Sufia Khatun

3. Isa Sk. @ Isarul Sk. @ Isarul Haque

4. Israil Sk. @ Bani Israil Sk.

5. Nuralam

....

....

….

Petitioners

Versus

The State of Jharkhand

....

....

.... Opposite Party

------

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Petitioners

: Mr. Md. Yasir Arafat, Advocate

Mr. Ranjan Kr. Ravidas, Advocate

For the State

: Mr. Bishambhar Shastri, Addl.P.P

For the Informant

: Mr. Arun Kumar, Advocate

------

Order No.04 Dated- 07/11/2023

Heard the parties.

Apprehending their arrest in connection with Pakur Muffasil P.S. Case

No.118 of 2023 instituted for the offences punishable under Sections 341, 323,

324, 354B, 379, 504, 506, 34 of the Indian Penal Code, the petitioners have

moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the

allegation against the petitioners is that the petitioners, in furtherance of

common intention with the co-accused persons; used criminal force to

disrobe the informant and committed theft of silver chain and ear ring. It is

submitted that the allegation against the petitioners is false. It is further

submitted that the genesis of the occurrence is land dispute between the

parties. It is further submitted that the petitioners undertake that they will

not disturb or annoy the informant or any of her family members in any

manner nor will they go to or near the place of occurrence during the

pendency of the case. It is lastly submitted that the petitioners undertake to

co-operate with the investigation of the case and to furnish sufficient security

including cash security. Hence, it is submitted that the petitioners be given

the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State being assisted by the learned

counsel for the informant opposes the prayer for anticipatory bail of the

petitioners.

Considering the submissions of learned counsels and the facts and

circumstances stated above, I am inclined to grant privileges of anticipatory

bail to the petitioners. Accordingly, the petitioners are directed to surrender

in the Court below within six weeks from today and in the event of their

arrest or surrendering, they will be enlarged on bail on depositing

Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/-

(Twenty five thousand) each with two sureties of the like amount each to the

satisfaction of learned S.D.J.M., Pakur in connection with Pakur Muffasil P.S.

Case No.118 of 2023 with the condition that they will co-operate with the

investigation of the case and appear before the investigating officer as and

when noticed by him and furnish their mobile number and photocopy of

the Aadhar Card with an undertaking that they will not change their

mobile number during the pendency of the case and they will not disturb

or annoy the informant or any of her family members in any manner nor

will they go to or near the place of occurrence during the pendency of the

case and further conditions as laid down under Section 438(2) of the Code of

Criminal Procedure.

(Anil Kumar Choudhary, J.)

Animesh/

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