Golamuddin Alias Golamuddin Shekh Vs the State of Jharkhand

Tofajul Seikh 9. Murtja Ali ….. Petitioners Versus 1. The State of Jharkhand 2. Selina Bibi ….. Opp. Parties --------CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA -------- For the Petitioners : Mr. Gautam Kumar, Advocate. For the State : Mr. Saket Kumar, A.P.P. For the O.P. No. 2 : Mr. Nawin Kumar, Advocate. --------- Order No. 05/Dated: 5^th March, 2024

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Heard learned counsel for the parties.

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Apprehending their arrest in connection with Rajmahal P.S. Case No. 288 of 2022, arising out of Complaint Case No. 281 of 2021 instituted under Sections 147, 148, 149, 323, 354, 379, 427, 467, 468, 471, 420, 406, 448, 504 / 34, the petitioners have moved to this Court for grant of privilege of anticipatory bail.

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Learned counsel for the petitioners has submitted that both informant and the petitioner nos. 1 & 2 are belonging to the same family. It is further submitted that it is alleged that partition of the property took place between brothers and sisters and the land, which was in the share of the informant, has been sold by the petitioner no. 1 to his wife (petitioner no. 2) and that is the root cause of the contention between the parties, as such, this false case has been instituted.

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Learned counsel for the petitioners has further submitted that petitioner no. 1 has also lodged case i.e. Radhanagar P.S. Case No. 64 of 2021 for the offence under Sections 147, 148, 149, 448, 323, 354, 379, 504, 509, 427 / 34 of the I.P.C., which is also pending against the informant party of this case and this case is counter blast to instant case. The dispute between the parties is absolutely civil in nature,

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which has been given flavor of criminal case. Petitioners undertakes to cooperate in investigation of the case and abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. Hence, the petitioners may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners and submitted that petitioner no. 1 is the own brother-in-law of the informant and has sold her house to his own wife (petitioner no. 2) and threatening to dispossess her and also assaulted her. It is further submitted that other petitioners are witnesses in the said sale deed. Hence, petitioners do not deserve the privilege of anticipatory bail.

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Considering the facts and circumstances of this case, the nature of dispute between the parties coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners.

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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.25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Rajmahal in connection with Rajmahal P.S. Case No. 288 of 2022, arising out of Complaint Case No. 281 of 2021 with the condition that they will cooperate in investigation of the case and will furnish their mobile numbers and photocopy of the Aadhar Cards 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.

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(Pradeep Kumar Srivastava, J.)

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Sunil/

Golamuddin Alias Golamuddin Shekh v. the State of Jharkhand

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Golamuddin Alias Golamuddin Shekh v. the State of Jharkhand

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