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Surendra Mahamarik Alias Surendra Mahamari v. the State of Jharkhand

Jharkhand HC4 Feb 2020A.B.A./401/2020

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to petitioners facing charges under the IPC and the Prevention of Witch (Daain) Practices Act. Bail was conditioned on depositing Rs. 20,000 as victim compensation and providing sureties.

What did the court decide?

Grant of anticipatory bail conditioned upon deposit of Rs. 20,000 compensation, furnishing of bail bond of Rs. 25,000 each with two sureties, and cooperation with investigation.

Surendra Mahamarik Alias Surendra Mahamari Vs the State… — Anticipatory Bail | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 401 of 2020

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Surendra Mahamarik @ Surendra Mahamari

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Upendra Mahamarik

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Rahul Kumar Yadav @ Rahul Kumar

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Mukesh Kumar

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Ashish Kumar

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Kailu Kapri @ Kailash Kapri

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Ravindra Yadav @ Rabindra Kapri

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Dilip Kumar @ Dilip Kapri… Petitioners Versus

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The State of Jharkhand… Opposite Party

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CORAM:HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. R. Kumar, Advocate For the State : Mr. A.K. Toppo, Addl. P.P.

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------

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Order No.02 Dated- 04.02.2020

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Godda (Muffasil) P.S. Case No.234 of 2019 registered under sections 147/148/149/452/323/354/379/504/506 of the Indian Penal Code and under Section 3/4 of Prevention of Witch (Daain) Practices Act.

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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 the allegation against the petitioners is that the petitioners were member of an unlawful assembly and in prosecution of common object of the assembly they trespassed into the house of the informant, abused her, called her a daain and outraged her modesty and snatched her gold chain and also brutally assaulted her husband and caused damage to household articles. It is further submitted that the allegation against the petitioners are all false. It is next submitted that the petitioners are ready and willing to jointly pay Rs. 20,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and

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undertake to cooperate with the investigation of the case.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 fact as discussed above, 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 jointly depositing a demand draft of Rs. 20,000/- as ad interim victim compensation in favour of informant 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 C.J.M., Godda, in connection with Godda (Muffasil) P.S. Case No.234 of 2019with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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

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(Anil Kumar Choudhary, J . )

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Gunjan-

Surendra Mahamarik Alias Surendra Mahamari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Surendra Mahamarik Alias Surendra Mahamari v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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