Nirmal Gope And Ors vs State Of Jharkhand

Learned counsel for the petitioners Mr. Anil Kumar Ganjhu undertakes to remove the following surviving defects within a period of two weeks. ix. (i)

Presentation form may be filled up correctly.

(ii) Advocate welfare fund stamp of Rs. 15/- and Advocates' Association welfare and Development fund of Rs. 5/- is wanting in 2nd and 3rd Vak.

(iii) Name of P.S stated in prayer portion dos not tally with F.I.R.

(iv) Name of deponent and parental name of deponent (spelling) stated at page no. 8 does not tally with adhar card.

(v) A/F of Rs. 70/- is wanting Annexure-1.

Office to place the file for inspection and removal of defects, on requisition being made, within the same time.

Heard learned counsel for the petitioners and Mr. Sunil Kumar Dubey, learned A.P.P.

Petitioners seek protection of anticipatory bail in terms of section 438 of the Cr. P.C in connection with Gumla P.S. Case No. 128/2020 instituted

under sections 147, 148, 323, 379/34 of the Indian Penal Code and section 3 / 4 of Witchcraft Act and pending in the Court of learned Chief Judicial

Magistrate, Gumla.

Learned counsel for the petitioners submits that on a complaint lodged by the complainant Chandar Gope, instant FIR was instituted on the

allegations of assault by traditional weapon on the Informant and accusation of witchcraft being practiced as one Pradeep Gope was reportedly ill. It

was alleged that both wife and husband were practicing witchcraft. Learned counsel for the petitioners further submits that the allegations of

witchcraft had deliberately been added to give serious colour to the allegation, though Informant has later on compromised the matter and a joint

compromise petition was also filed before the learned Sessions Judge, Gumla in A.B.P. No. 320/2020 preferred by these petitioners and two other

ladies who have been granted anticipatory bail by the learned Sessions Court, Gumla. Compromise petition is at Annexure-2. Petitioners would suffer

unnecessary incarceration if they are not granted protection from arrest.

Learned A.P.P has opposed the prayer.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties and that the accused persons have

entered into compromise with the Informant and two other accused persons have been granted anticipatory bail by the learned Sessions Judge, Gumla,

I am inclined to grant privilege of anticipatory bail to the petitioners. Accordingly, let the above named petitioners, in the event of their arrest or

surrender within a period of four weeks, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of

the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Gumla in connection with Gumla P.S. Case No. 128/2020, subject to the

conditions as laid down under section 438(2) of the Cr. P.C. Petitioners shall cooperate in the investigation and petitioners and their bailors shall not

change their address or mobile number without prior permission of the learned Trial Court.