Bandhan Yadav And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Koderma P.S. Case No.80 of 2020 registered under sections 147/ 148/149/323/324/307 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners attempted to murder the informant -Ramswarup Yadav, Kailash Yadav and Raj Kumar Yadav by assaulting them. It is further submitted that the allegations against the petitioners are all false. It is then submitted that this case is a counter blast to Koderma P.S. Case No. 79 of 2020 which has been instituted by the petitioners against the informant and others. It is then submitted that the informant and the petitioners are the agnates and the matter has been settled between the parties outside the court. It is next submitted that the petitioners is ready and willing to jointly pay Rs.20,000/- i.e Rs.10,000/- each to the injured namely Kailash Yadav and Raj Kumar Yadav as ad interim victim compensation without prejudice to their defence in this case and undertake to cooperate with the investigation of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on jointly depositing Rs.20,000/- i.e. two separate demand drafts of Rs.10,000/- each, one drawn in favour of Kailash Yadav and the other drawn in favour of Raj Kumar Yadav as ad interim victim compensation and 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 C.J.M., Koderma, in connection with Koderma P.S. Case No.80 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the injured-victims namely Kailash Yadav and Raj Kumar Yadav and hand over the said demand drafts to them, after proper identification.