Sarju Das and others vs State of Jharkhand

Ravi Nath Verma, J.—Initially ten petitioners had moved this Court for grant of privilege of anticipatory bail in connection with Madhupur P.S. Case No.31 of 2015, instituted under Sections 147, 148, 149, 341, 323, 325, 324 and 307 of the Indian Penal Code, but subsequently, one of injured-Sohi Das succumbed to injuries during treatment and thereafter, Section 302 of the Indian Penal Code was also added.

Learned counsel appearing for three petitioners -Kulo Das, Ashok Das and Meghlal Das prayed to the Court to delete their names from the cause title of this anticipatory bail application as they have been arrested by the police, which was allowed vide order dated 28.10.2015.

Heard learned counsel appearing for the petitioner Nos. 1 to 5 and 7 to 8 as well as learned counsel appearing for the State.

Learned counsel appearing for the petitioners submitted that the entire allegation is false and concocted one and there is a case and counter case and the informant parties were the aggressor. Relying upon the post mortem report of the deceased-Sohi Das wherein the Doctor has found only one injury on the left side of the scalp, it was submitted that the allegation made in the first information report that all the accused persons had assaulted the deceased/injured and other persons of the informant party, falsifies the case of the prosecution. Learned counsel further relying upon the case diary, submitted that the I.O. has not collected any injury report of any injured person, which clearly stipulates that all the allegations of assault are false and without any basis.

Learned counsel, representing the State, opposed the prayer for bail, relying upon the post-mortem report and the statement of the witnesses.

Considering the submissions of the counsels, the post mortem report showing only one injury and the fact that none other had sustained any injury, I am inclined to grant the privileges of anticipatory bail to the petitioners above named. Hence, in the event of their arrest or surrender within a period of two weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhupur, in connection with Madhupur P.S. No.31 of 2015 (G.R. No.84 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.