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Sunaram Manjhi v. the State of Jharkhand

Jharkhand HC11 Jan 2019A.B.A./2028/2018

Case brief

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What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners facing criminal proceedings for cutting paddy from disputed land, subject to payment of victim compensation and furnishing bail bonds with sureties within four weeks.

What did the court decide?

The petitioners shall be released on bail upon arrest or surrender within four weeks by depositing Rs. 1,500/- each as victim compensation and furnishing bail bond of Rs. 25,000/- each with two sureti

Sunaram Manjhi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2028 of 2018

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Suna Ram Majhi

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Jake Majhi @ Harun Majhi @ Harendra Majhi

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Maino Majhian

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Chunki Majhian @ Chunki Majhian

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Badu Majhian

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Fuchni Majhian

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Hemanth Kumar Mahto @ Hemnath Mahato

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… Petitioner

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Versus The State of Jharkhand … Opposite Party ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. M. Prasad, Advocate For the State : Addl. P.P.

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Order No.03 Dated- 11.01.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with P.C. Case No. 02 of 2012 registered under sections 147/379/506 of the Indian Penal Code.

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Heard the learned counsel for the petitioners and learned Addl. P.P. for the State.

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The Learned counsel for the petitioners submits that in paragraph no.2 it has been mentioned that in connection with this case A.B.A. No. 2523 of 2017 was filed but the same was filed in connection with P.C. Case No. 176 of 2014 and the same has been clarified in the supplementary affidavit dated 02.11.2018 filed in Cr.M.P. No. 1717 of 2018 by the petitioner. It is further submitted that the allegation against the petitioners is that they have cut paddy from the place of occurrence land and sold the same. It is, next submitted that there is land dispute between the parties and the petitioners is the owner of the land and the dispute is of civil nature. It is next submitted that the petitioners are ready and willing to pay Rs.1,500/- each as ad interim victim compensation to the complainant without prejudice to their defence in this case.

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Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the facts of the case, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on depositing demand draft of Rs.1,500/- each in favour of the complainant-Sonamani Majhian and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Seraikella, in connection with P.C. Case No. 02 of 2012 subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioners deposits the ad interim victim compensation amount in the court below, the court below is directed to issue notice to the victim and hand over the said demand draft to her forthwith, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Sunaram Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sunaram Manjhi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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