Dasrath Saw And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending their arrest in connection with Muffasil P.S. Case No.117 of 2020 instituted under Sections 147, 148, 149, 341, 323, 324, 354, 337, 427, 188, 269 & 270 of the Indian Penal Code, Section 51 of Disaster Management Act 2005 and Section 2/3/4 of Jharkhand State Epidemic Disease (Covid-19) Regulation, 2020, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegations against the petitioners are that the petitioners being the members of an unlawful assembly, trespassed into the house of the informant, assaulted him and outraged the modesty of his sister and violated the prohibitory norms of lockdown imposed consequent upon COVID-19 pandemic. It is submitted that the allegation against the petitioners is false. It is then submitted that the genesis of the occurrence is a petty dispute regarding grazing of crop by goat. It is then submitted that the petitioners are poor persons having no criminal antecedent. It is also submitted that the petitioners undertake that they will not disturb or annoy the informant 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 A.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 C.J.M. at Hazaribagh within six weeks from today and in the event of their arrest or surrendering, the petitioners 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 to the satisfaction of learned C.J.M. at Hazaribagh in connection with Muffasil P.S. Case No.117 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.

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 her proper identification, the court below shall handover the same to her forthwith.