Sawan Murmu v. The State of Jharkhand

: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner For the State : Mr. Ram Subhag Singh, Advocate : Mr. Saket Kumar, Addl.P.P ------ Order No.02 Dated- 17.02.2022 ------ 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 resumption of the court in physical mode. In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present. Apprehending his arrest in connection with Mandu P.S. Case No. 265 of 2021 instituted under Sections 323, 326-B, 327, 307, 311, 355, 354, 420, 466, 386, 506, 149, 120-B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner has formed an anti-social group and they always tried to create havoc among the villagers by playing fraud and obtained compensation amount of Rs.23,83,765/- from the State Government in respect of acquisition of their land belonging to the complainant and other co- sharers but did not pay the share of acquired joint land to the complainant and when the complainant demanded his share, the petitioner along with the co- accused person came at the courtyard of the house of the complainant and they brutally assaulted him and bit on the throat of complainant with his teeth causing bleeding injuries on his throat and also outraged the modesty of Minti Devi who is relative of the complainant.

It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is an employee of CCL as clerk posted at Parej East Open Cast Project. It is then submitted that earlier, the informant also lodged a complaint against the petitioner before the Officer-in-Charge, Mandu Police Statin and police referred the same to the Sub-divisional Magistrate, basing upon which a proceeding under Section 107 of Cr.P.C. was initiated by the SDM, Ramgarh and that case is still pending. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of his family members in any manner during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay Rs.20,000/- without prejudice to his defence in this case to the informant subject to final decision of this case.

Hence, it is submitted that the petitioner be given the privileges of anticipatory bail. Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. 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. Accordingly, the petitioner is directed to surrender in the Court within six weeks from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.20,000/- without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Ramgarh in connection with Mandu P.S. Case No. 265 of 2021 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant or any of his 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 deposit the said demand draft, the court below is directed to issue notice to the informant and on his proper identification, the court below shall handover the same to him forthwith. In case the petitioner deposits Rs.20,000/-, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial. (Anil Kumar Choudhary, J.) Pappu/