Allowed

Burnanga Oraon v. the State of Jharkhand

Jharkhand HC6 Feb 2019A.B.A./36/2019

Case brief

AI extract

What is this about?

Petitioners moving for anticipatory bail in 327/379/509/34 IPC and Witch Craft Practices Act cases alleged the complainant made a false case due to a land dispute. The High Court granted anticipatory bail conditioned on surrendering within four weeks to Judicial Magistrate Gumla.

What did the court decide?

Anticipatory bail directed to be granted upon surrendering to Judicial Magistrate Gudla within four weeks, furnishing bond of Rs.25,000 with two sureties of the like amount.

Burnanga Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.36 of 2019

¶2

------

¶3

Burnanga Oraon @ Buranga

¶4

Ranthu Oraon

¶5

Sanjole Oraon

¶6

Sani Oraon

¶7

Charwa Oraon

¶8

Lothe Oraon

¶9

.... .... …. Petitioners

¶10

Versus

¶11

The State of Jharkhand

¶12

Gandari Orain

¶13

.... .... ....Opposite Parties

¶14

------

¶15

CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

¶16

For the Petitioners : Ms. Sunita Kumari, Advocate For the State : Addl.P.P.

¶17

Order No.04 Dated- 06.02.2019

¶18

Apprehending their arrest in connection with Sisai P.S. Case No.47 of 2015 corresponding to G.R. No.222 of 2015 (Arising out of protest petition 95 of 2016) instituted under Sections 327/379/509/34 of the Indian Penal Code and Section 3/4 of Witch Craft Practices (Prevention) Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

¶19

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

¶20

Learned counsel appearing for the petitioners submits that this false case has been foisted because of the land dispute between the parties and police after due investigation, submitted final report by not sending up the petitioners for trial and only after protest petition filed by the informant, prima facie case was found for the offence punishable under Sections 323, 379 and 34 of the Indian Penal Code only. It is further submitted that the informant has made out a case in her protest petition which is different from the case made by her in the complaint basing upon which F.I.R. has been registered consequent upon the same being forwarded by the S.D.J.M., Gumla under Section 156 (3) Cr.P.C. for registration of the case. It is further submitted that the petitioners undertake not to disturb or annoy the informant in any manner during the pendency of the case and not to go over the place of occurrence during the pendency of the case. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

¶21

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

¶22

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 of learned Judicial Magistrate, 1^st Class, Gumla within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail 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 Judicial Magistrate, 1^st Class, Gumla in connection with Sisai P.S. Case No.47 of 2015 corresponding to G.R. No.222 of 2015 (Arising out of protest petition 95 of 2016) with the condition that they will neither go over the place of occurrence during the pendency of the case nor they will disturb or annoy the informant 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.

¶23

(Anil Kumar Choudhary, J . )

¶24

Animesh/

Burnanga Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Burnanga Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

MD Mojahid Ansari Alias Mojahid Ansari Vs the State of Jharkhand

Mahabir Kumar Gope Vs the State of Jharkhand

Brajesh Mishra Vs Union of India through the Central Bureau of Investigation

Baidul Sk Vs the State of Jharkhand

Satari Banra Vs the State of Jharkhand

Shailesh Gupta Alias Shailesh Prasad Vs the State of Jharkhand