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2023 DIGILAW 843 (JHR)

Gandhi Paswan v. State of Jharkhand

2023-07-07

PRADEEP KUMAR SRIVASTAVA

body2023
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending their arrest in connection with Pandu P.S. Case No. 55 of 2022 instituted under Sections 341/323/326/354/504/506/34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail. 3. As per F.I.R. allegation is that on 13.08.2022 at about 08:00 p.m. the petitioner no. 2 started teasing the informant and tried to establish illicit relationship with her but could not succeed, hence he gave teeth bite to the informant near the chest and shoulder of the informant. It is further alleged that thereafter, the son of the petitioner no. 2 namely Gandhi Paswan (petitioner no. 1) came with his father and started abusing and assaulting the informant and gave fist blow on the lip of the informant. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all rather they have been falsely implicated in this case. It is further submitted that as per FIR the alleged date of occurrence is 13.08.2022 but the FIR was lodged on 18.09.2022 after delay of about 25 days which has not been explained by the informant. It is further submitted that the petitioners are the Gotias and there is land dispute and previous enmity between the families of the parties and that is the motive behind the implication of the petitioners in a false case. No injury on chest is found. It is further submitted that petitioners undertake to co-operate with the investigation of the case and will not indulge in tampering with prosecution evidence and will abide by all terms and conditions imposed by this Court in the matter of granting anticipatory bail. 5. Hence, it is submitted that the petitioners may be extended the privilege of anticipatory bail. 6. Learned Spl. P.P. appearing for the State opposes the prayer for anticipatory bail of the petitioners. 7. It appears that parties are gotia of each other. There is land dispute between the parties. Injuries sustained by informant does not correspond with her version in the FIR. 8. 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. There is land dispute between the parties. Injuries sustained by informant does not correspond with her version in the FIR. 8. 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 before the Court below 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 Judicial Magistrate, 1st Class, Palamau at Daltonganj in connection with Pandu P.S. Case No. 55 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 numbers and photocopy of the Aadhar Cards with an undertaking that they will not change their mobile numbers during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.