Sagiran Khatoon And Ors vs State Of Jharkhand

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

In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest in connection with Margomunda P.S. Case No. 59 of 2020 instituted under Sections 147, 148, 341, 323, 307, 504, 506 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel for the petitioners submits that the petitioner no.4 Dildar Ansari has been arrested, hence, he does not want to press the prayer for anticipatory bail of the petitioner no.4 Dildar Ansari.

Accordingly, the prayer for anticipatory bail of the petitioner no.4 Dildar Ansari is rejected as not pressed.

So far, the petitioner nos.1 to 3 and 5 are concerned, learned counsel appearing for the petitioner nos.1 to 3 and 5 submits that the main allegation is against the co-accused-Mehruddin @ Mehruddin Ansari. It is submitted that the allegation against the petitioner nos.1 to 3 and 5 is false and general and omnibus in nature. It is lastly submitted that the petitioner nos.1 to 3 and 5 are ready and willing to co-operate with the investigation of the case and to jointly pay ad interim victim compensation of Rs.20,000/- without prejudice to their defence in this case in favour of the injured husband of the informant namely Nasir Ansari. It is next submitted by learned counsel for the petitioner nos.1 to 3 and 5 that the petitioner nos.1 to 3 and 5 undertake that they will not annoy or disturb the informant or her family members in any manner during the pendency of the case. Hence, it is submitted that the petitioner nos.1 to 3 and 5 be given the privileges of anticipatory bail.

Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner nos.1 to 3 and 5.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner nos.1 to 3 and 5. Accordingly, the petitioner nos.1 to 3 and 5 are directed to surrender in the Court of learned J.M. 1st Class, Madhupur within six weeks from today and in the event of their arrest or surrendering, the petitioner nos.1 to 3 and 5 will be enlarged on bail on jointly depositing a demand draft of Rs.20,000/- as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the injured husband of the informant namely Nasir Ansari and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount to the satisfaction of learned J.M. 1st Class, Madhupur in connection with Margomunda P.S. Case No. 59 of 2020 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 numbers and photocopy of the Aadhar Card with an undertaking that they will not change his mobile numbers during the pendency of the case and with condition that petitioner nos.1 to 3 and 5 will not annoy or disturb the informant or her family members in any manner during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner nos.1 to 3 and 5 deposit the said demand draft, the court below is directed to issue notice to the injured husband of the informant namely Nasir Ansari and on his proper identification, the court below shall handover the same to him forthwith.