Bundo Mahto And Ors vs State Of Jharkhand

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jamua P.S. Case No.88

of 2017 (G.R. No.988 of 2017) registered under sections 147/149/341/323/337/504/506/353/427 of the Indian Penal Code.

Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly

and in prosecution of common object of assembly they pelted stones upon the police personnel and threatened to kill them and used criminal force

against them deterring them from discharging their duties and attempted to tear the uniform of constable-Nand Kumar Mehta and the informant and

damaged the police jeep and attempted to set the same on fire. It is further submitted that the allegation against the petitioner are all false and the

petitioner no.2 is aged about 74 years and petitioner nos.4 to 6 are ladies. It is next submitted that the petitioners are ready and willing to jointly pay

Rs. 10,000/- i.e. Rs.5000/- to each of the victims as ad interim victim compensation without prejudice to their defence in this case and are also ready

and willing to jointly deposit Rs.10,000/- with the Deputy Commissioner, Giridih 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 four months from the date of this order,

they shall be released on bail on jointly depositing two separate demand drafts of Rs. 5000/-each as ad interim victim compensation in favour of

constable-Nand Kumar Mehta and the informantâ€"Sanjay Kumar and also showing the proof of deposit of Rs.10,000/- with the Deputy

Commissioner, Giridih 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 J.M. 1st Class, Giridih, in connection with Jamua P.S. Case No.88 of 2017 (G.R. No.988 of 2017) 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers

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 victims and hand over the

said demand draft to them, after proper identification.