Single judge bench rejected the petitioners' application for anticipatory bail in a murder and attempted murder case involving unlawful assembly and weapons, citing the gravity of the allegations and the disputed land issue.
Anticipatory bail application rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.956 of 2015
1.Noor Nehar Khatoon @ Nurema Khatoon 2.Rulekha Bibi …… Petitioners Versus The State of Jharkhand …… Opposite Party
--------- CORAM: HON’BLE MR. JUSTICE D.N. UPADHYAY ---------
For the Petitioners : Mr. R.R.S.Singh, Advocate For the State : A.P.P.
04/11.05.2015 The petitioners are accused in connection with Rajmahal(Radhnagar) P.S. Case no.13 of 2015, corresponding to G.R. no.30 of 2015, for the offence under sections 147, 148, 149, 323, 324, 326, 302, 307 and 504 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Rajmahal.
There is allegation that the petitioners with their associates after forming unlawful assembly, armed with deadly weapon killed Asraful Sheikh and caused injury to his companion.
It is submitted that land dispute is admitted and cases from both sides have been instituted and persons from both sides have sustained injuries.
Counsel appearing for the State has opposed the prayer.
Considering nature of allegation and gravity of the offence, I do not feel inclined to give benefits of section 438(2) Cr.P.C. to the petitioners above named. Accordingly, the same stands rejected.
s.b.
2 issues framed by the court
Whether the petitioners entitled to anticipatory bail under Section 438 Cr.P.C. given the gravity of charges of murder and attempted murder.
Whether the alleged land dispute warrants granting anticipatory bail.
1 provisions across 1 enactments
Noor Nehar Khatoon @ Nurema Khatoon
Rulekha Bibi
The State of Jharkhand
D.N. Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
