Mira Bhakat And Ors vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Anurag Kashyap, learned counsel for the petitioners personally undertakes to remove the defects pointed out by the Stamp Reporter within two

weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioners the defects pointed out by the Stamp Reporter are ignored for the

present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Jadugoda P.S. case no. 49

of 2018 registered under Sections 409, 420, 120B of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that Rs. 26,04,000/- was withdrawn by the Mukhiya on being the chairperson of the committee

and the Mukhiya did not produce the utility certificate towards the expenditure of money. The allegation against the petitioners is that they were Jal

Sahiyas-cum-Treasurers of the village water and sanitation committee. It is next submitted by learned counsel for the petitioners that petitioner no. 1

has constructed 83 toilets and petitioner no. 2 has constructed 67 toilets and the main allegation is against the Mukhiya of Kuldiha Panchayat. It is then

submitted that the allegations against the petitioners are all false and both the petitioners are females. It is next submitted that the petitioners are ready

to co-operate with the investigation of the case and the co-accused with similar allegations have already been granted privilege of anticipatory bail by

a co-ordinate Bench of this court vide order dated 28.09.2020 passed in ABA no. 2688 of 2020 hence, the petitioners be given the privilege of

anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the

event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioners shall be released on bail on furnishing

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

Ghatsila in connection with Jadugoda P.S. case no. 49 of 2018 subject to the condition that the petitioners will co- operate with the Investigation of the

case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at

the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other

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