Puran Yadav And Ors vs State Of Jharkhand

Heard learned counsel for the petitioner and learned A.P.P.

Petitioners seek anticipatory bail in terms of Section 438 Cr.P.C in connection with Pratappur P.S. Case No. 148/2020 for the offence under Sections 147, 148, 149, 341, 448, 323, 324, 325, 307, 379 and 436 of the Indian Penal Code and pending before the court of learned Sub Divisional Judicial Magistrate, Chatra.

Learned counsel for the petitioners submits that the present case is a counterblast in the nature of retaliation to the Pratappur P.S. Case No. 147/2020 for the occurrence at 6.30 AM instituted at 10.30 AM and the present case has been instituted at 10.45 AM on the same date. Pratappur P.S. Case No. 147/2020 has been instituted by the petitioner no. 1 against the Informant of the present case under sections 147, 148, 149, 341, 323, 324, 307, 448 and 379 of the Indian Penal Code alleging assault on petitioner no. 1, his wife Suma Devi and his son Sujit Yadav by means of garasha and lathi causing serious injury on the wife of petitioner no. 1 Suma Devi. In the FIR instituted by the present Informant, as per the injury report, injuries are simple on all the persons of the Informant party i.e. Govind Yadav, Shankar Yadav, Santosh Yadav, Chhotu Yadav and Sanichari Devi, as stated at paragraph 30 to 35 of the case diary. It is therefore clear that the instant FIR is based on a concocted allegation and as a retaliation to the assault committed by the Informant party upon the petitioner no. 1 and his family members in which petitioner no. 1 and his family members have sustained serious injuries. Therefore, petitioners may be protected from unnecessary arrest on such manufactured allegation.

Learned A.P.P has opposed the prayer.

Having considered the submissions of learned counsel for the parties and in the facts and circumstances noted above, it appears that the instant FIR is instituted as a counter case to the Pratappur P.S. Case No. 147/2020 instituted by the petitioner no. 1 against the Informant of the present case. As per the case diary, injuries on all the members of the Informant party are simple in nature. As such, I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, petitioners, above named, in the event of their surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Chatra in connection with Pratappur P.S. Case No. 148/2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

Petitioners shall cooperate in the investigation. Petitioners and their bailors shall not change their address or mobile number without permission of the trial court.