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
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1. Mamera Bibi
2. Sufia Bibi @ Mosammat Sufia Khatun
3. Isa Sk. @ Isarul Sk. @ Isarul Haque
4. Israil Sk. @ Bani Israil Sk.
5. Nuralam
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Petitioners
Versus
The State of Jharkhand
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.... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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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
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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/