Munna Yadav and Others vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—Heard learned counsel for the parties. The petitioners are accused in a case registered under Sections 147, 341, 323, 504 and 307 of the Indian Penal Code and Section 3 /4 of Prevention of Witch Craft Act.

There is allegation in the F.I.R. that the accused persons, named in the F.I.R., caused assault to the informant by means of lathi and they were raising allegation that the informant and his family are practicing witchcraft on them.

It is submitted that no specific allegation against any of the accused is alleged in the F.I.R. The informant sustained only one injury caused by hard and blunt substance which is simple in nature.

Learned counsel appearing for the State opposed the prayer for bail and submitted that specific allegation of causing assault is against petitioner No. 1 Munna Yadav.

Considering aforesaid aspects of the matter, I do not feel inclined to give benefit of Section 438, Cr.P.C., to petitioner No. 1 Munna Yadav. Accordingly, the prayer for anticipatory bail on behalf of petitioner No. 1 Munna Yadav stands dismissed. So far petitioner Nos. 2 to 8 namely, Chathan Yadav, Sheo Barat Yadav, Baldeo Yadav, Surendra Yadav alias Surindra Yadav, Bitani Yadav alias Batamin Yadav, Sita Yadav, Uday Yadav are concerned, they are directed to surrender before the Court below within a period of three weeks from today and on such surrender they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court of Sri B.K. Tiwari, learned Civil Judge Senior Division-I, Chatra in connection with Pratappur P.S. Case No. 65 of 2012 corresponding to G.R. Case No. 838 of 2012 subject to the conditions laid down u/s 438(2), Cr.P.C.