Binda Choudhary And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Satbarwa P.S. Case No.30 of 2020 registered under sections 147/148/ 149/341/323/324/325/307/379/506 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioner no.1 -Binda Choudhary, petitioner no.3 -Ramashish Choudhary, petitioner no.4 -Santosh Choudhary & petitioner no.6 - Ajit Choudhary @ Ajit Kumar have already been arrested, hence he does not press this anticipatory bail application on their behalf.

In view of the submission made by the learned counsel for the petitioners, the prayer for grant of privilege of anticipatory bail of the petitioner no.1 -Binda Choudhary, petitioner no.3 -Ramashish Choudhary, petitioner no.4 -Santosh Choudhary & petitioner no.6 - Ajit Choudhary @ Ajit Kumar is rejected as not pressed.

So far as the petitioner no.2 - Sanjay Choudhary, petitioner no.5 -Alok Choudhary & petitioner no.7 -Durgesh Choudhary @ Durgesh Kumar are concerned, the learned counsel for the petitioners submits that the allegation against them is that they were the members of an unlawful assembly and in prosecution of common object of the assembly they attempted to murder the informant, his wife namely Dewanti Devi, his nephew -Jaleshwar Choudhary and Kamlesh Choudhary and caused injuries to them. It is further submitted that the allegations against the petitioner nos. 2, 5 & 7 are all false and for the selfsame occurrence from the side of the petitioners, the petitioner no.5 has also lodged an F.I.R. basing upon which Satbarwa P.S. Case No. 31 of 2020 has been instituted against the informant and others. It is then submitted that there was a free fight between the parties and the informant party was the aggressor party. It is next submitted that the petitioner nos. 2, 5 & 7 are ready and willing to jointly pay Rs.35,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner nos. 2, 5 & 7 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 petitioner nos. 2, 5 & 7 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 a demand draft of Rs.35,000/- as ad interim victim compensation in favour of informant 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., Palamau, in connection with Satbarwa P.S. Case No.30 of 2020 with the condition that the petitioner nos. 2, 5 & 7 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 with further condition that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner nos. 2, 5 & 7 deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.