The court extended anticipatory bail to petitioners accused of poisoning and attempted murder, directing them to appear in court and cooperate with investigation within four weeks.
Extension of anticipatory bail requiring surrender in court within four weeks and furnishing a bail bond of Rs. 20,000.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7496 of 2022
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
-----For the Petitioners : Mr. Ram Lakhan Yadav, Advocate For the State : Mr. Tapas Roy, Addl.P.P
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Order No.04 Dated- 04.01.2023
Heard learned counsel for the parties.
Apprehending their arrest in connection with Pachamba P.S. Case No. 29 of 2022 instituted under Sections 341, 342, 323, 354, 307, 328, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail.
It is alleged that petitioners forming an unlawful assembly assaulted the informant and forcefully administered poison to her with intention to kill her.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation of administration of poison to the informant. Petitioners have no concern with the family affairs of the informant and her husband. No overt act has been attributed against the petitioners. Co-accused with similar allegation has already been extended privilege of anticipatory bail by this Court vide order dated 17.10.2022 passed in A.B.A. No.7489 of 2022. Petitioners undertake to co-operate with the investigation of the case. Hence, petitioners may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of this case, the nature of allegation against petitioners coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court 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.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Giridih in connection
with Pachamba P.S. Case No. 29 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.)
Pappu/
1 issue framed by the court
Whether anticipatory bail may be extended in a case involving serious allegations of poisoning and attempted murder?
2 provisions across 2 enactments
Chandra Shekhar Das
The State
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
