Choutha Oraon And Others vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending their arrest in connection with Ghaghra P.S. Case No.61 of 2021 instituted under Sections 341, 323, 324, 307, 34 of the Indian Penal

Code and Section 3/4 of Prevention of Witchcraft (Daain) Practice Act, the petitioners have moved this Court for grant of privileges of anticipatory

bail.

Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners, being the members of an unlawful

assembly, attempted to murder the informant- Keshwar Oraon and called her mother to be a Daain. It is submitted that the allegation against the

petitioners is false. It is next submitted that there was a long-standing land dispute between the parties and to settle score, the prosecution has given

the colour of criminal dispute to a purely civil dispute. It is then submitted that the petitioners undertake that they will not disturb or annoy the

informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioners are ready and willing

to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.20,000/- without prejudice to their defence in

this case in favour of the informant of this case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned S.D.J.M., Gumla within two months from today and in the

event of their arrest or surrendering, they will be enlarged on bail on jointly depositing a demand draft of Rs.20,000/- as ad interim victim compensation

without prejudice to their defence in this case drawn in favour of the informant of this case and 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 S.D.J.M., Gumla in connection with Ghaghra P.S. Case No.61

of 2021 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 they will not disturb or annoy the informant or any of his family member in any manner during the pendency of the case

and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant of this case and on his proper

identification, the court below shall handover the same to him forthwith.