Shankar Sao 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 Saria P.S. Case No.124 of 2020 instituted under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354B 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 allegation against the petitioners is that the petitioners were the members of an unlawful assembly

and being armed with deadly weapons, in prosecution of the common object of the assembly, they attempted to murder Urmila Devi and Rina Devi,

caused injuries to them and outraged their modesty. It is submitted that the allegation against the petitioners is false. It is next submitted that for the

self-same occurrence, from the side of the petitioners, one Tiko Sao has also lodged Saria P.S. Case No.125 of 2020. It is further submitted that there

was free-fight between the parties. It is also submitted that the petitioners undertake that they will not disturb or annoy the victims in any manner

during the pendency of the case. It is lastly submitted that the petitioners are ready and willing to co- operate with the investigation of the case and to

jointly pay ad interim victim compensation of Rs.30,000/- without prejudice to their defence in this case in favour of the victims namely- Urmila Devi

and Rina Devi. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to

the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M., Giridih within six weeks from today and in the

event of their arrest or surrendering, they will be enlarged on bail on jointly depositing two demand drafts each of Rs.15,000/- as ad interim victim

compensation without prejudice to their defence in this case drawn in favour of the victims namely- Urmila Devi and Rina Devi and on furnishing bail

bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih in connection

with Saria P.S. Case No.124 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 number and photocopy of the Aadhar Card with an undertaking that they will not change

their mobile number during the pendency of the case and they will not disturb or annoy the victims 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 petitioners deposit the said demand drafts, the court below is directed to issue notice to the victims namely- Urmila Devi and Rina Devi

and on their proper identification, the court below shall handover the same to them forthwith.