Rukmani Devi And Ors vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the 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 Mohanpur P.S. Case No.167 of 2020 registered under sections 341/323/337/338/353/307/504/506/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners along with the co-accused persons were member of an unlawful assembly and in prosecution of common object of the assembly they attempted to murder Tirath Kumar Singh, Jairam Pandit, Nuneshwar Thakur and Abhimanyu Singh. It is further submitted that the allegations against the petitioners are all false and all are females and the main allegation is against the male accused persons who have since been apprehended. It is then submitted that the petitioners are ready and willing to jointly pay Rs. 20,000/- i.e. Rs.5000/- to each of the victims as ad interim victim compensation without prejudice to their defence in this case and undertake to cooperate with the investigation of the case and also undertake that they will not annoy or disturb the victims in any manner during the pendency of the case. Hence, it is submitted that the petitioner be 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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of eight weeks from the date of this order, they shall be released on bail on jointly depositing Rs.20,000/- i.e. four separate demand draft of Rs. 5000/- each as ad interim victim compensation in favour of victims i.e. a demand draft of Rs.5000/- drawn in favour of Tirath Kumar Singh, a demand draft of Rs.5000/- drawn in favour of Jairam Pandit, a demand draft of Rs.5000/- drawn in favour of Nuneshwar Thakur and a demand draft of Rs.5000/- drawn in favour of Abhimanyu Singh and 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 S.D.J.M., Deoghar, in connection with Mohanpur P.S. Case No.167 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will not annoy or disturb the victims in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioners deposits the ad interim victim compensation amount, the court below is directed to issue notice to the victims and hand over the said demand draft to them, after proper identification.