KAUSHALAYA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Kripa Shankar Nanda, learned counsel for the appellants, Mr. Subodh Kumar Dubey, learned counsel for the State and Mr. Arun Kumar, learned counsel for respondent no.2.

(2.) This appeal is preferred against the order dtd. 21/8/2024 passed by the learned Additional Sessions Judge-I-cum- Special Judge (SC/ST Act), Gumla in A.B.P. No.287 of 2024 in connection with SC/ST P.S. Case No.02 of 2024, pending in that Court, whereby, the prayer for anticipatory bail of the appellants has been rejected.

(3.) Learned counsel for the appellants submits that there are land dispute between the parties. He submits that the informant's side has applied for demarcation of the land and the same was measured on 26/6/2023 in presence of the police party, officials of the Circle Office, informant and the accused persons and villagers and it was found that the informant-respondent no.2 has constructed a house illegally, for which, a certificate was also issued by the Circle Officer, Chainpur, contained in Annexure-2 of this appeal. He further submits that the proceeding under Sec. 107 Cr.P.C. was also initiated by the S.D.O., Chainpur being Case No.71 of 2019, in which, report was also called from the concerned police station and the report was submitted stating therein that there is a chance of breach of peace. He submits that in this background, the appellants have been made accused and even the Government officials like Circle Officer, C.I. Karamchari and B.D.O. have also been made accused.