Santosh Kumar Mandal And Ors vs State Of Jharkhand

Defects as pointed out by the office are ignored.

Heard Ms. Shruti Shrestha, learned counsel for the petitioners and Ms. Ruby Pandey, learned A.P.P. for the State.

The petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Balidih P. S. Case No. 173 of 2020.

On 12.09.2020 when the informant had gone to his land for construction of a room, the accused persons had abused and assaulted him and demanded Rs. 8,00,000/- as extortion money.

It has been stated by Ms. Shruti Shrestha , learned counsel for the petitioners that the descendants of Manorama and Nagendra Nath Das had sold the disputed land to the petitioner no. 1 and others vide registered sale deed dated 13.04.1994. It has been stated that their names were mutated and in fact the petitioner no. 1 had filed an application for measurement of the land being Land Measurement Case No. 153/2013-14. It has further been stated that the land on measurement was found to be in possession of the petitioners. It has further been stated that the land ownership certificate has also been issued by the Circle Officer, Chas in favour of the petitioner no. 1 and other persons. Learned counsel furthering her argument has stated that the petitioner no. 1 and others had filed a suit for declaration of right, title and interest which has been registered as Original Suit No. 37 of 2020. The petitioners had also filed a complaint case being Complaint Case No. 711 of 2020 against the informant and others.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.

The various documents which have been brought on record does suggest that there is a long standing land dispute between the petitioners as well as the informant and in such circumstance the false implication of the petitioners cannot be ruled out. Even otherwise, the allegations are general and omnibus in nature so far as the petitioners are concerned.

Regard being had to the above, I am inclined to extend the privilege of anticipatory bail to the petitioners. Therefore, the petitioners, named above, are directed to surrender in the court below within a period of four weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Bokaro in connection with Balidih P. S. Case No. 173 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This application stands allowed.