Jharkhand High Court
Rekha Devi vs The State Of Jharkhand on 28 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.9147 of 2022
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1. Rekha Devi
2. Binod Bihari Thakur @ Vinod Thakur
3. Bikash Kumar @ Bikash Kumar Thakur
.... .... .... Petitioners
Versus
1. The State of Jharkhand
2. Kedar Nath Thakur .... .... ....Opposite Parties
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioners : Mr. Manoj Kr. Choubey, Advocate
For the State : Mr. Vijay Kr. Sinha, Addl.P.P
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Order No.03 Dated- 28.11.2022
Heard learned counsel for the parties.
Apprehending their arrest in connection with Pratappur P.S.
Case No. 184 of 2021 instituted under Sections 341, 323, 325, 307/34 of
the Indian Penal Code, the petitioners have moved this Court for grant
of privilege of anticipatory bail.
As per FIR, the allegation is that on 08.09.2021 at about 11:00 am,
while the informant was constructing wall of his house, petitioners
along with others forming unlawful assembly armed with danda, rod
spade came at the roof of the informant and started demolishing the
wall. It is further alleged that on the objection of the informant's son,
petitioners assaulted him with the intention to kill him. While rescuing
his son, the informant also suffered serious injuries on his head.
Learned counsel for the petitioners has submitted that earlier the
petitioners were on police bail and after completion of the investigation,
the charge-sheet has been submitted against the petitioners Sections
341, 323, 325, 504/34 of the Indian Penal Code but the cognizance has
been taken under Sections 341, 323, 325, 307, 504, /34 of the Indian
Penal Code. Due to addition of Section 307 of IPC, the petitioners
reasonably apprehends of being arrested.
Learned counsel for the petitioner has referred to a decision
rendered in the case of Dinesh Kumar Versus The State of Jharkhand,
reported in 2011(3) East Cr. C. 430 (Jhr), wherein it has been held as
follows:
" I have gone through the documents placed before me.
Since the petitioner had appeared before the police and he
was on police bail and even after submission of charge sheet
only notice has been issued for securing his appearance, I
do not feel that present anticipatory bail application is
maintainable. If the petitioner was previously on bail, only
because cognizance has been taken for the offence which are
non-bailable, bail should not be refused. If he appears before
the Court after receiving notice or summon. At this
juncture, I also intend to mention another aspect in which
the accused persons are released on bail under section 436
Cr.P.C. In a case registered for bailable offence and
subsequently if charge sheet is submitted against them for
non-bailable offences and on being summoned, if they
appear before the court, bail should not be refused or
cancelled only because cognizance has been taken under
non-bailable sections."
In such circumstance it has been prayed that the petitioners be
directed to be released on bail.
Learned A.P.P. has opposed the prayer for anticipatory bail and
submitted that there are direct and specific allegations of assaulting the
informant and his family members causing grievous injuries to them.
Hence, petitioners may not be extended privilege of anticipatory bail.
It is an admitted fact that the petitioners were already on police
bail prior to taking of cognizance under section 307 of the Indian penal
Code.
In such, circumstance and in view of the judgment referred
above as well as the order passed in A.B.A. No. 3041 of 2012, this
anticipatory bail application is not maintainable.
However, taking a cue from the judgment referred above, the
petitioner is directed to surrender in the Court below and pray for
regular bail within a period of four weeks from today and if they do so
they shall be released on bail on furnishing bail bond of Rs.20,000/-
(Rupees Twenty Thousand) each with two sureties of the like amount
each, to the satisfaction of the learned SDJM, Chatra, in connection with
Pratappur P.S. Case No. 184 of 2021.
(Pradeep Kumar Srivastava, J.)
Pappu/
