Arvind Kumar and others vs The State of Jharkhand & others

Both the anticipatory bail applications are heard together, as they arise from the same F.I.R. i.e. Hussainabad P.S. Case No. 82 of 2016, dated 23.04.2016 registered under Sections 302, 201 / 34 of the I.P.C., lodged on the basis of one written report given by Sardar Balwant Singh regarding murder of his elder son Sardar Sanjay Singh. It is alleged by the informant that last one year his son is in relation with Sharda Devi, whose husband is Pramod Kumar Singh. The local people intervened them to call off their relation and on 15.08.2013 panchayati was organized, but still the son of the informant was in relation with Sharda Devi. It is alleged that on 20.04.2016 on the instance of Sharda Devi, son of the informant gone to Dewri Kala, Japla and he was carrying Rs. 5,000/-, but on 23.04.2016, brother-in-law of the informant had given message of lying of dead body of son of informant in the bank of Son River. On the basis of these allegations, the instant case was instituted.

Learned counsel for the petitioner - Sharda Devi submitted that he does not want to press the anticipatory bail application filed on behalf of Sharda Devi.

Permission accorded.

Accordingly, the anticipatory bail application filed on behalf of the Sharda Devi i.e. A.B.A. No. 4338 of 2016 is dismissed as not pressed.

So far prayer for anticipatory bail of petitioner - Pramod Kumar Singh (in A.B.A. No. 4222 of 2016) is

concerned, learned counsel for the petitioner has submitted that he is husband of Sharda Devi, with whom the deceased was in relationship, and he has been falsely roped in this case. Save and except suspicion, there is nothing against this petitioner.

Learned APP has opposed the prayer for anticipatory bail and also filed counter affidavit. From perusal of counter affidavit, para-10, wherein learned APP has relied on para-23, 24 & 25 of the case diary, where the witnesses have spoken about relation of Sharda Devi and deceased.

Be that as it may, I am inclined to admit the petitioner - Pramod Kumar Singh (in A.B.A. No. 4222 of 2016) on anticipatory bail. The petitioner - Pramod Kumar Singh is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Palamau, in connection with Hussainabad P.S. Case No. 82 of 2016, corresponding to G.R. No. 672 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Further, petitioner is directed to cooperate in the investigation and whenever the I.O. directs the petitioner to appear, he will give 72 hours'' notice fixing date, time and place and thereafter the petitioner will appear and get his statement recorded and cooperate in investigation. If petitioner fails to do so, it is open for the I.O. to file an application through learned APP for cancellation of bail of the petitioner and this Court after hearing the parties, shall pass appropriate order.

Let a copy of order be communicated to the court below.