NAKUL SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) AFTER some argument learned counsel for the petitioners, Mr. P.K. Mukhopadhyay, seeks permission to withdraw this application on behalf of the petitioner Nos.1 & 3, namely, Nakul Sao and Narayan Sao. Prayer is allowed. Accordingly, this anticipatory bail application is dismissed as withdrawn on behalf of the petitioner Nos. 1 & 3, namely, Nakul Sao and Narayan Sao. However, if the petitioners No. 1 & 3, namely, Nakul Sao and Narayan Sao surrender, the trial court/Court below will pass the order in accordance with law without being prejudiced by this order.

(2.) HEARD learned counsel for the petitioner Nos. 2 and 4 and learned counsel for the State as well as the learned counsel appearing for the O.P. No.2 Petitioners are apprehending their arrest in connection with the case registered under Sections 420, 323, 379 of the Indian Penal Code and Section 3 / 4 of the Witch Craft Prevention Act. Learned counsel for the petitioners, submits that the complainant has falsely implicated of the accused persons in this case. It is also submitted that before filing of this case, wife of the petitioner No.4 has lodged a police case against the husband and son of the present complainant i.e. Hariharpur P.S. Case No. 26 of 2011 dated 07.04.2011 under Sections 448, 341, 323, 354, 504/34 of the Indian Penal Code. It is also submitted that as because the wife of the petitioner No.4 has lodged a case, the complainant of the present case has filed the instant case. Regarding the petitioner Nos. 2 & 4, namely, Ajay Sao and Arjun Sao there is no specific allegation in the statement of the complainant made on solemn affirmation and it is only stated that they were present, therefore, I direct the petitioner Nos. 2 & 4, namely, Ajay Sao and Arjun Sao to surrender in the court below within a period of one month from the date of this order i.e. 13.08.2012. If they surrender within the said period, the trial Court is directed to release them on bail, on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of like amount each to the satisfaction of Judicial Magistrate, 1st Class, Dhanbad in connection with C.P. Case No. 724 of 2011, subject to the condition that one of the bailors will be local resident having immovable property within the jurisdiction of the trial Court and also subject to the conditions laid down under Section 438(2) of the Cr.P.C.