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Judgment
R.R. Prasad, J.—Heard learned Counsel appearing for the Petitioners, learned Counsel appearing for the informant and learned A.P.P. appearing for the State.
The Petitioners are accused in a case instituted under Sections 147/148/149/323/307/341/342/452/387/504/380/427/436 of Indian Penal Code.
Mr. B.M. Tripathy, learned senior counsel appearing for the Petitioners submits that on 4.3.2011, maid servant of Mr. Vikram Sinha (son of the informant) fell down on the ground from Balcony of the house as a result of which, she died. On such happening, Petitioner No. 1, a social activist and a next door neighbour of the informant, suspected some foul play and hence, approached the informant and asked him to make payment as compensation to the family members of the deceased. When nothing was done in this respect, it is alleged that Petitioner No. 1, her daughter-Petitioner No. 2, a student, and her maid servant-Petitioner No. 3 along with other 15 to 20 unknown persons came there and broke open the door by an Axe and entered into the house and then assaulted the family members of the informant with a view to kill them as a result of which, daughter-in-law and wife of the informant fell unconscious and they even tried to put the informant''s grand-son on fire by sprinkling kerosene oil upon him. Meanwhile, the miscreants took away the ornaments and some costly garments and threw down T.V., Computer, Washing Machine and Utensils etc. on the ground from the first floor causing complete damage to it. On such allegation these Petitioners have been alleged to have committed offence under Sections 307/436/387 of I.P.C. besides other minor offences but during investigation, the case was never found to be u/s 436 of I.P.C., rather it was found to be u/s 435 of I.P.C. which is bailable in nature.
Learned Counsel further submits that these Petitioners have also been alleged to have committed offence u/s 307 of I.P.C. probably on the accusation that the daughter-in-law and wife of the informant fell unconscious on being assaulted but their statements, recorded by the police, would disclose that they became unconscious when they saw the accused persons ransacking their house and as such, no offence is made out even u/s 307 of I.P.C. At the same time, it has also been alleged that the accused persons tried to put the informant''s grand-son on fire by sprinkling kerosene oil but the police, who reached during the commission of the offence, did not see the grandson of the informant drenched with kerosene oil nor any container of kerosene oil was found and as such, the falsity of the allegation becomes quite evident.
Learned Counsel further submits that these Petitioners have been alleged to have put forth demand of Rs. 5 lakhs and as such, they are said to have committed an offence of extortion but if the allegations are taken into consideration in its entirety, these Petitioners can never be said to have committed the offence of extortion, as on account of death of the maid servant of the informant''s son, the amount was being demanded as compensation which was to be paid to the family members of the deceased and under these situations, these Petitioners, who are ladies and have remained in custody for three months, be admitted to bail.
As against this, Mr. Mahesh Tewary, learned Counsel appearing for the informant submits that the accused persons by ransacking the house damaged several valuable items, which have even been seized by the police, and that apart they even tried to kill the grand-son of the informant by sprinkling kerosene oil and that at the same time, these Petitioners also committed offence of extortion, as they have been alleged categorically that Petitioner No. 1 did demand of Rs. 5 lakhs repeatedly under threat to dire consequence and, therefore, keeping in view the gravity of the offence committed by the Petitioners, they do not deserve to be admitted on bail
Regard being had to the submissions advanced on behalf of the parties and the fact that these Petitioners are the ladies and have remained in custody for about three months, let all three above-named Petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ranchi in connection with Bariatu P.S. Case No. 72 of 2011 arising out of G.R. No. 1125 of 2011.