Amit Sinha vs State of Jharkhand

Learned counsel for the petitioner undertakes to remove the following surviving defects within two weeks.

9(i) Mode of hearing is not appearing at presentation form.

(ii) Duly certified typed copies may be filed for handwritten page-14.

(iii) P.S. Case year in prayer para may be verified / corrected.

(iv) Para-22 statement may be corrected regarding order rejecting court.

(v) Father's name of deponent in affidavit does not tally with Adhar card. Office to place the file for inspection and removal of defects, on requisition being made, within this time.

Heard learned counsel for the parties.

Petitioner seeks anticipatory bail in terms of Section 438 Cr.P.C in connection with Chouparan P.S. Case No. 266/2020 for the offence under Section 363 of the Indian Penal Code and pending before the court of Miss Saudamini Singh, learned Judicial Magistrate, 1st Class, Hazaribag.

Learned counsel for the petitioner submits that the Informant is the husband who has lodged FIR with allegation that the petitioner has abducted his wife in the night of 25.07.2020 and certain valuable articles were also taken away from his house. FIR has been lodged after considerable delay on 30.07.2020 making unfounded allegation against the petitioner, whereas wife of the Informant, Monika Devi has herself lodged a complaint bearing Complaint Case No. 1739/2020 before the learned Chief Judicial Magistrate, Hazaribag making categorical allegation against her husband (Informant) that he tried to get her murdered in the night of 25.07.2020 with the help of his associates named as accused in the complaint, but she could somehow managed to escape. In the aforesaid circumstances, petitioner deserves to be granted anticipatory bail to protect him from unnecessary incarceration in connection with the instant FIR.

Learned A.P.P submits on instruction that no sufficient material have been found during investigation against this accused, as per the report of Sub Inspector of Police, Chouparan P.S. sent to her.

I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances above. Having regard to the aforesaid facts and circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Miss Saudamini Singh, learned Judicial Magistrate, 1st Class, Hazaribag, in connection with Chouparan P.S. Case No. 266/2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile number without permission of the trial court.