Tetru Oraon v. the State of Jharkhand

Jharkhand HC6 Mar 2024A.B.A./258/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; A.B.A. No. 258 of 2024; High Court of Jharkhand, Ranchi; Justice Sanjay Kumar Dwivedi; 06.03.2024; Complaint Case No.51 of 2021; sections 323, 342, 149 IPC; sections 3 and 4 Prevention of Witch (Daain) Practices Act; cognizance order dated 31.7.2023; SDJM Gumla; no injury found; land dispute; family members; surrender within three weeks; bail bond Rs.25,000/- with two sureties of like amount; section 438(2) CrPC conditions; Oraon petitioners.

What did the court decide?

Anticipatory bail granted: petitioners to surrender within three weeks and, on surrender/arrest, to be released on bail on a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gumla, subject to the conditions under section 438(2) CrPC. ¶¶14

Tetru Oraon Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in connection with Complaint Case No.51 of 2021 (offences under sections 323, 342, 149 IPC and sections 3 and 4 of Prevention of Witch (Daain) Practices Act), should be granted anticipatory bail.

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Court's answer

No injury was found on any of the person, and in the course of the query by the learned court it was disclosed that there is a dispute with regard to land between the parties.

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Ratio / Principle

In the attending facts and circumstances, the court was inclined to provide the privilege of anticipatory bail to the petitioners.

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Key takeaways

The petitioners are directed to surrender before the learned court within three weeks from today.ratio¶¶14
In the event of their surrender/arrest, the petitioners shall be released on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gumla.ratio¶¶14
The bail is subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio

Detailed headnote1 paragraphs

Anticipatory bail — Jharkhand HC, Ranchi (A.B.A. No. 258 of 2024, decided 06.03.2024, Sanjay Kumar Dwivedi, J.). Seven petitioners (Tetru, Rati @ Budhu, Etwa, Bharat, Rajendra, Ranjeet and Uday Oraon), apprehending arrest in Complaint Case No.51 of 2021 (sections 323, 342, 149 IPC; sections 3 and 4 of Prevention of Witch (Daain) Practices Act) pending before the learned Sub Divisional Judicial Magistrate, Gumla, against whom cognizance had been taken by order dated 31.7.2023, were held entitled to the privilege of anticipatory bail. Grounds: no injury found on any of the person; the court's query disclosed a land dispute between the parties, who are family members. Petitioners directed to surrender within three weeks; on surrender/arrest to be released on bail on a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Gumla, subject to the conditions of section 438(2) of the Code of Criminal Procedure.

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 258 of 2024

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----

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1.Tetru Oraon 2.Rati Oraon @ Budhu Oraon 3.Etwa Oraon 4.Bharat Oraon 5.Rajendra Oraon 6.Ranjeet Oraon 7.Uday Oraon .... Petitioners

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-- Versus -- The State of Jharkhand and Another .... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioners :- Ms. Sunita Kumari, Advocate For the State :- Mr. P.D. Agarwal, Advocate ----

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2 /06.03.2024 Heard the learned counsel for the petitioners as well as the learned counsel for the respondent State.

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The petitioners are apprehending their arrest in connection with Complaint Case No.51 of 2021, for the offence registered under sections 323, 342, 149 IPC and sections 3 and 4 of Prevention of Witch (Daain) Practices Act, pending in the court of learned Sub Divisional Judicial Magistrate, Gumla.

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Learned counsel for the petitioners submits that the learned court has taken cognizance against the petitioners by order dated 31.7.2023. She submits that the petitioners and the complainant are family members and in the enquiry made by the learned court in solemn affirmation this has been admitted by the complainant that there is dispute of land between the parties and in view of that, falsely the petitioners have been implicated.

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Learned State counsel opposed the prayer on the ground that the allegations are there of assaulting.

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Considering that there is no injury found on any of the person and in the course of query by learned court it has been disclosed that there is dispute with regard to land and petitioners and complainant are family members, and in the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioners.

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Accordingly, the petitioners, above named, are hereby directed to surrender before the learned court within three weeks from today, and in the event of their surrender/arrest, the petitioners, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Sub Divisional Judicial Magistrate, Gumla, in connection with Complaint Case No.51 of 2021, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Tetru Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Tetru Oraon v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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