The court considered an application for anticipatory bail filed by petitioners in connection with an FIR under Sections 326, 307, and 34 IPC. The High Court admitted the petition and directed the petitioners to surrender.
Petitioners admitted to anticipatory bail and directed to surrender within four weeks with bail bond of Rs. 20,000 and two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1702 of 2018
Sunita Devi ….. Petitioner
Versus
The State of Jharkhand
….. Opp. Party WITH
A.B.A. No. 4503 of 2018
….. Petitioners
Versus
The State of Jharkhand ….. Opp. Party
--------CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH ---------
For the Petitioners : Mr. Shubhashis Rasik Soren, Advocate. For the State : A.P.P.
06/Dated: 10/10/2018
Petitioners are apprehending their arrest in connection with Namkum P.S. Case No. 85 of 2013, corresponding to G.R. No. 1530 of 2013 (S.T. No. 624 of 2013), registered under Sections 326, 307, 34 of the I.P.C., lodged on the basis of fardbeyan of the deceased informant Madhuri Devi.
It appears that fardbeyan of Madhuri Devi recorded by S.I. Tulsi Prasad figures the name of these petitioners for committing the alleged offences.
Further, para-87 of the main case diary reveals that after investigation, final form has been submitted only against the husband of the deceased namely, Rajesh Sao and supplementary investigation against the petitioners Sunita Devi, Seema Devi, Dhirendra Nath Sao and other non-F.I.R. accused namely, Raju Sao, Sanjay Sao is kept pending.
Further, it appears that petitioners- Dhirendra Nath Saw, Sima Devi and Sunita Devi had filed criminal revision being Cr. Rev. No. 1072 of 2015 being aggrieved and dissatisfied with order dated 14.08.2015 passed by the learned Judicial Commissioner-III, Ranchi in S.T. No. 624 of 2013 whereby and whereunder the petition filed by the prosecution under Section 319 of the Cr.P.C. was allowed and the petitioners were summoned.
Further, para-4 of the bail application (A.B.A. No. 1702 of 2018) reveals that charge-sheet no. 170 of 2013 was submitted only against Rajesh Saw (husband of the deceased informant) under Section 304 (B) of the Indian Penal Code and after final investigation, police submitted
-2-
supplementary charge-sheet no. 312/2012 wherein the other three named accused in F.I.R. i.e. Dhirendra Nath Saw, Seema Devi and Sunita Devi were exonerated from the alleged offences and the same was accepted by the learned trial court.
It appears that father of the deceased informant is physically present.
Perused the supplementary case diary, which reveals that the I.O. has recorded the statements of Saurabh Kumar in para-6, Prabha Devi in para-7, Monu Dhurv Kumar in para-8 and Bhudheshwar Rabidas in para-9 and all have not supported the case of prosecution.
Impugned orders dated 20.02.2018 & 24.04.2018 reveal that on an application under Section 319 of the Cr.P.C., petitioners were summoned.
Be that as it may, I am inclined to admit the petitioners on anticipatory bail. The above named petitioners are directed to surrender in the Court below within four weeks from the date of this order and in the event of their arrest or surrender, the Court below shall enlarge the above named petitioners on bail on furnishing bail bonds of Rs. 20,000/(Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of AJC-X / AJC-XII, Civil Court, Ranchi, in connection with Namkum P.S. Case No. 85 of 2013, corresponding to G.R. No. 1530 of 2013 (S.T. No. 624 of 2013), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anant Bijay Singh, J.)
Sunil/
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail apprehending arrest in a bailable offence.
Whether the exonerated status upon supplementary charge-sheet is relevant for granting anticipatory bail.
2 provisions across 1 enactments
Sunita Devi
Seema Devi
Dhirendra Nath Saw
The State of Jharkhand
ANANT BIJAY SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
