Allowed

Yamuna Sharma Alias Jamuna Sharma v. the State of Jharkhand

Jharkhand HC22 Dec 2021A.B.A./9450/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand exercised its power to ignore defects pointed out by the stamp reporter due to the petitioners' undertaking to rectify them. The Court granted the petitioners anticipatory bail in a complaint FIR involving Sections 341, 323, 504 IPC and witchcraft allegations.

What did the court decide?

Anticipatory bail granted, surrender within eight weeks directed, and deposit of Rs. 20,000 and bail bonds conditioned.

Yamuna Sharma Alias Jamuna Sharma Vs the State of… — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No.9450 of 2021

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------

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Yamuna Sharma @ Jamuna Sharma

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Sharma Devi

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Harilal Sharma

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Asfi Sharma

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Mathura Sharma

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Gokhul Sharma

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Sonu Sharma

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Sudeshwar Sharma

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Prem Sharma

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10.Bablu Sharma

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11.Ajit Sharma

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12.Urmila Devi 13.Soni Devi @ Sona Devi

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.... .... …. Petitioners

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Versus

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The State of Jharkhand

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.... .... ....Opposite Party

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------

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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------ For the Petitioners : Mr. Sabyasanchi, Advocate For the State : Mrs. Nikki Sinha, Spl.P.P For the Informant : Mr. Suraj Singh, Adv.

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Order No.02 Dated- 22.12.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks from the date of this order.

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In view of personal undertaking given by the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest in connection with Complaint Case No. 1742 of 2019 instituted under Sections 341, 323, 504 of the Indian Penal Code and Section 3/4 of Prevention of Witch (daain) Practice Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners along with the co-accused person assaulted the informant and called her daain and caused injuries to her. It is submitted that the allegation against the petitioners is false. It is next submitted that the petitioners undertake that they will not disturb or annoy the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners are ready and willing to co-operate with

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the trial of the case and undertakes to jointly pay ad interim victim compensation of Rs.20,000/- without prejudice to their defence in this case to the informant. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned Spl.P.P appearing for the State being assisted by learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners.

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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 within eight weeks from today and in the event of their arrest or surrendering, the petitioners will be enlarged on bail on jointly depositing a demand draft of Rs.20,000/- as ad interim victim compensation without prejudice to their defence in this case drawn in favour of the informant and 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 J.M.1^st Class, Garhwa in connection with Complaint Case No. 1742 of 2019 with the condition that he will co-operate with the trial of the case with further condition that they will not disturb or annoy the informant or any of her family members 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.

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In case the petitioners deposit the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.

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(Anil Kumar Choudhary, J . )

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Pappu/

Yamuna Sharma Alias Jamuna Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Yamuna Sharma Alias Jamuna Sharma v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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