Md. Saddam v. The State of Jharkhand

: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioners For the State : Mr. S.P. Roy, Advocate : Mr. Sanat Kumar Jha, Addl.P.P ------ Order No.02 Dated- 28.02.2022 ------ Heard the parties. 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 petitioners, the defects pointed out by the stamp reporter are ignored for the present. Apprehending their arrest in connection with Thakurgangti P.S. Case No. 56 of 2021 instituted under Sections 341, 323, 324, 307, 354-B, 380/ 34 of the Indian Penal Code and Sections 3/4 of Prevention of Witch (Daain) Practices Act, the petitioners have moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners attempted to murder the informant and her husband and the victim namely Md.

Sajim and outraged the modesty of the informant and committed theft from the informant and called her daain. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners undertake that they will not annoy or disturb the informant or the victim or any of their family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and undertake to jointly pay ad interim victim compensation of Rs.50,000/- without prejudice to their defence in this case to the victim Md. Sajim. 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 within six weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.50,000/- as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the victim Md. Sajim 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 JM, Godda in connection with Thakurgangti P.S. Case No. 56 of 2021 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 with further condition that they will not annoy or disturb the informant or the victim or any of their 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 petitioners deposit the said demand draft, the court below is directed to issue notice to the victim namely Md. Sajim and on his proper identification, the court below shall handover the same to him forthwith. (Anil Kumar Choudhary, J.) Pappu/