Amar Hembram @ Amarjit Hembram And Ors vs State Of Jharkhand

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.

Apprehending his arrest in connection with Mihijam P.S. Case No. 139 of 2018 instituted under Sections 147, 149, 436, 380, 379, 427, 341, 323, 504, 506 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel for the petitioners submits that the petitioner no.1 Amar Hembram @ Amarjit Hembram has been arrested, hence, he does not want to press the prayer for anticipatory bail of the petitioner no.1 Amar Hembram @ Amarjit Hembram.

Accordingly, the prayer for anticipatory bail of the petitioner no.1 Amar Hembram @ Amarjit Hembram is rejected as not pressed.

So far, the petitioner no.2-Suresh Murmu @ Suresh Hansda is concerned, learned counsel appearing for the petitioner no.2-Suresh Murmu @ Suresh Hansda submits that the allegation against the petitioner no.2-Suresh Murmu @ Suresh Hansda is that the petitioner no.2-Suresh Murmu @ Suresh Hansda along with co-accused persons assaulted the mother of the informant and took away her ornaments and also assaulted the brother and father of the informant and subsequently set the house of the informant on fire; as a result of which, the household articles worth Rs.18,00,000/- were burnt and co-accused took away cash of Rs.40,000/- and gold ornaments. It is further submitted that the allegation against the petitioner no.2- Suresh Murmu @ Suresh Hansda are all false and the petitioner first instituted Mihijam P.S. Case No.138 of 2018 and as a counter blast, this case has been falsely foisted. It is lastly submitted that the petitioner no.2-Suresh Murmu @ Suresh Hansda undertakes to co- operate with the investigation of the case and to pay ad interim victim compensation of Rs.50,000/- without prejudice to his defence in this case in favour of the informant. Hence, it is submitted that the petitioner no.2-Suresh Murmu @ Suresh Hansda be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner no.2-Suresh Murmu @ Suresh Hansda.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner no.2-Suresh Murmu @ Suresh Hansda. Accordingly, the petitioner no.2-Suresh Murmu @ Suresh Hansda is directed to surrender in the Court of learned Addl. Sessions Judge-III, Jamtara within six weeks from today and in the event of his arrest or surrendering, the petitioner no.2-Suresh Murmu @ Suresh Hansda will be enlarged on bail on depositing a demand draft of Rs.50,000/- as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned Addl. Sessions Judge-III, Jamtara in connection with Mihijam P.S. Case No. 139 of 2018 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile numbers and photocopy of the Aadhar Card with an undertaking that he will not change his mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner no.2-Suresh Murmu @ Suresh Hansda deposit the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the same to him forthwith.