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Aitawariya Devi @ Prabha Devi And Ors vs State of Jharkhand

Jharkhand High Court · Decided on 4 March 2021 · Citation: (2021) 03 JH CK 0071

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 307, 323, 341, 379
RESULT
Allowed
CASE NUMBER
Bail Application No. 2342 of 2021
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Judgment

14 paragraphs · 338 words

Heard the parties through video conferencing.Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter

within two weeks after the lockdown is over.In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out

by the stamp reporter are ignored for the present.The petitioners have been made accused in connection with Kharaundhi P.S. Case No.136 of 2020

registered under Sections 341, 323, 307, 379, 34 of the Indian Penal Code.Learned counsel for the petitioners submits that the allegation against the

petitioners is that the petitioners attempted to murder the informant and committed theft of Rs.1,500/-. It is submitted that the allegation against the

petitioners is false. It is next submitted that for the self-same occurrence, from the side of the petitioners, the wife of the petitioner No.2 has also

lodged Kharaundhi P.S. Case No.137 of 2020 alleging her modesty being outraged by the informant and another person. It is further submitted that the

petitioners undertake that they will not disturb or annoy the informant or any of his family members in any manner during the pendency of the trial. It

is then submitted that the petitioners undertake to co-operate with the trial of the case. It is lastly submitted that the petitioners have been in custody

since 03.11.2020 which is evident from para-14 of the instant bail application. Hence it is submitted that the petitioners be released on bail.Learned

Addl. P.P. opposes the prayer for bail. Considering the facts of this case, the above named petitioners are directed to be enlarged on bail on furnishing

bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial

Magistrate-1st Class, Garhwa in connection with Kharaundhi P.S. Case No.136 of 2020 with the condition that they will co-operate with the trial of

the case and they will not disturb or annoy the informant or any of his family members in any manner during the pendency of the trial.