RANCHI, India, April 6 -- Jharkhand High Court issued the following order on March 6:
Heard the parties.
Apprehending their arrest in connection with Barkatha P.S. Case No.187 of 2023 instituted under Sections 147, 148, 149, 341, 323, 324, 307, 342, 427, 504, 506, 379 of the Indian Penal Code, 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 were member of an unlawful assembly and in prosecution of the common object of the assembly attempted to murder Meena Devi, Devi Sao, Mahesh Sao and Kedar Sao. It is submitted that the allegation against the petitioners is false. It is next submitted that the allegation of assault is upon Bijay Sao and Dhaneshwar Sao and the allegation against the petitioner is of only holding lathi. It is next submitted that for the self-same occurrence from the side of the petitioners, the father of the petitioner no.4 lodged Barkatha P.S. Case No.189 of 2023. It is next submitted that there was free fight between the parties. It is next submitted that the petitioners have no intention to kill anybody. It is next submitted that the petitioners have no criminal antecedents as has been mentioned in para-15 of this anticipatory bail application. It is also submitted that the petitioners undertake that they will not annoy or disturb the informant or any of her 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 to furnish sufficient security including cash security. 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 below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing cash security of Rs.10,000/- each 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 J.M.-1st Class, Hazaribag in connection with Barkatha P.S. Case No.187 of 2023 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and they will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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