Minor Accused granted Anticipatory in 498A

IN THE HIGH COURT OF JHARKHAND, RANCHI

A.B.A. No. 6060 of 2017

1.Shiv Kumar Pandey
2.Nakul Pandey @ Nakul Kumar Pandey…….. Petitioners
Vs.
State of Jharkhand and Anr …… ………………………. Opp Party

For the Petitioners :- Mrs. Rashmi Kumar
Advocate For the State :- A.P.P
For the O.P. No.2 :-Mr. Deepak Kumar Advocate

CORAM :- HON’BLE MR. JUSTICE RATNAKER BHENGRA

4/ Dated 5.1.2018:

Heard learned counsel for the parties.

The learned counsel for the petitioners has stated that the entire prosecution case is false and concocted. The learned counsel for the petitioners has referred to Annexure-1 and said that for the purpose of maligning the petitioners and their family, the complaint case has been filed against them, although the petitioners and the complainant are close relatives but referred as Gotias. The learned counsel for the petitioners has further submitted that there is a long standing land dispute between the parties. The learned counsel for the petitioners has further stated that the complainant has filed a case against three minor children after showing their age falsely as 19 years, 20 years and 18 years respectively but when they had appeared before the concerned court below on the 22.8.2017 the learned court below found prima facie that they are juvenile. The learned counsel for the petitioners further stated that the alleged land belongs to the petitioners or joint property and the complainant is trying to construct the toilet on indeterminate or claimed land and when the petitioner objected to the same, a false case has been lodged against the petitioners. The learned counsel for the petitioners further stated that when the case was lodged, the petitioner no.1, in course of investigation, has come to know that the aforesaid alleged land has been sold by the complainant’s husband to the complainant by sale deed on payment of consideration amount of Rs.Four lakh sixty one thousand two hundred only. The petitioners will be contesting the illegal sale. The learned counsel for the petitioners has further stated that multiple offence has been alleged in the complaint petition against the petitioners. The learned counsel for the petitioners further stated that when the petitioner objected to the construction of the toilet, then they have also been dragged in the false case. It is further stated that to harass the petitioners, complainant has again filed a complaint case under section 323/498A/379/504 of the Indian Penal Code and 3 /4 of the Witch Craft Act.

The learned counsel for the complainant opposed the bail and said that the alleged land belongs to the complainant.

Having gone through the case records and after hearing the parties I am inclined to grant anticipatory bail to the petitioners and accordingly, petitioners above named are directed to surrender in the court below within two weeks from today and on such surrender they shall be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate,Ist Class Koderma in connection with Complaint Case No. 82 of 2017 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ratnaker Bhengra,J.) SD

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