Bimla Devi And Ors vs State Of Jharkhand

The matter is taken up through video conferencing. No one turns up either on behalf of the petitioners or on behalf of the State.

The petitioners are directed to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

Apprehending their arrest in connection with Godda (T) P.S. Case No.194 of 2020 instituted under Sections 302/ 120 (B) and 34 of the Indian Penal

Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Perusal of the record reveals that the allegation against the petitioners is that the petitioners in criminal conspiracy with the co-accused persons,

committed the murder of Vishal Kumar Thakur who was a boy of 18 years studying in B.A. Part II. It has been averred in the instant anticipatory bail

application that the allegation against the petitioners is false. It has further been averred that the co-accused, with similar allegations, have already

been given the privileges of anticipatory bail by this Court vide order dated 19.03.2021 passed in A.B.A No.849 of 2021 after considering the fact that

on the same date of the death of the deceased, on the basis of the fardbeyan of his father, Godda (Town) U.D. Case No.04 of 2020 was registered

and after about a little less than three months of the occurrence, the instant case has been registered only on the basis of surmises and presumption. It

is then averred that there is neither any eye-witness to the occurrence nor is there any specific overt act against the petitioners in the First Information

Report. It has been also averred in para-17 of the instant bail application that the petitioners are ready and willing to abide by any terms and conditions

imposed upon them by this Court.

Considering the facts of the case, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to

surrender in the Court of learned C.J.M., Godda within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on

bail 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 C.J.M.,

Godda in connection with Godda (T) P.S. Case No.194 of 2020 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure.