Kameshwar Yadav vs State Of Jharkhand

Heard the parties through video conferencing. Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in

connection with Bardiha P.S. Case No.24 of 2020 registered under sections 147/148/149/ 341/323/307/504 of the Indian Penal Code and under section

3/4 of the Prevention of Witch Craft Act.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner along with the co-accused persons

assaulted the sister-in-law of the informant and branded her as a Daain. It is further submitted that the allegation against the petitioner are all false. It

is next submitted that the petitioner is ready and willing to pay Rs.10,000/- as ad interim victim compensation to the victim -Sharda Devi without

prejudice to his defence in this case and undertakes to cooperate with the investigation of the case. It is lastly submitted that the co-accused persons

have already been given the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 18.09.2020, passed in A.B.A. No. 3532

of 2020. Hence, it is submitted that the petitioner be also 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 petitioner

be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he

shall be released on bail on depositing a demand draft of Rs.10,000/- as ad interim victim compensation in favour of the victim -Sharda Devi and on

furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Magistrate -1st Class, Garhwa, in connection with Bardiha P.S. Case No.24 of 2020 with the condition that the petitioner will cooperate with the

investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his

Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the

conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the victim -Sharda Devi and

hand over the said demand draft to her, after proper identification.