High CourtsSingle Bench

Mahadev Raut And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 27 September 2023 · Citation: (2023) 09 JH CK 0068

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 149, 307, 323, 324, 341, 354, 379, 504, 506 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 7392 Of 2023
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Judgment

6 paragraphs · 423 words

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest in connection with Hirodih P.S. Case No.18 of 2023 instituted under Sections 147, 149, 341, 323, 324, 307, 354, 379, 504, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners were members of an unlawful assembly and being armed with deadly weapons attempted to murder the informant, outraged her modesty and committed theft of jewelries. It is submitted that the allegation against the petitioners is false. It is next submitted that for the self-same occurrence, the son of the petitioner No.1 has also lodged Hirodih P.S. Case No.19 of 2023. It is also submitted that there was free fight between the parties and the petitioners had no intention to kill anybody. It is further submitted that the petitioners undertake that they will not disturb or annoy the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. 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 below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security 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 J.M.-1st Class, Giridih in connection with Hirodih P.S. Case No.18 of 2023 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 her family members in any manner during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.