Kalyani Devi @ Parwati Devi And Ors vs State of Jharkhand

Heard Mr. S. P. Roy, learned counsel for the petitioners and Md. Hatim, learned A.P.P. for the State.

The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Pathargama P.S. Case No. 170 of

2019.

On 13.11.2019 when the informant was in his cow shed the accused persons variously armed had come and threatened to throw him out of his house.

When he raised objection, he was assaulted by the accused persons and when his wife and his nephew had come to him rescue, they were also

assaulted.

It appears that specific allegation of assault has been levelled against the petitioner nos. 4 and 5 who are attributed to have assaulted the wife of the

informant with a rod and the nephew of the informant with a Lathi.

In view of the specific nature of allegation levelled against the petitioner nos. 4 and 5, I am not inclined to grant anticipatory bail to them. Their prayer

for anticipatory bail is, hereby, rejected.

However, considering the fact that so far as the petitioner nos. 1, 2 and 3 are concerned, there is no specific allegation of assault against them and

accordingly, they are directed to surrender in the court below within a period of four weeks from today and on such surrender, they shall be released

on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of

learned Judicial Magistrate, 1st Class, Godda in connection with Pathargama P.S. Case No. 170 of 2019, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure.

This application is disposed of.