Ankit Kumar @ Polu vs State Of Jharkhand

Gautam Kumar Choudhary, J

This anticipatory bail application of Ankit Kumar @ Polu has been moved by Mr. Ankit Kumar, learned counsel for the petitioner and opposed Mr. S.S. Kumar, learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Garhwa P.S. Case No. 203 of 2022 for the offence registered under Sections 341, 323, 307, 504, 506, 379/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, at Garhwa has pressed into motion.

On 20.04.2022 the informant had gone to attend the marriage of one Ritesh Kumar. In the marriage party Ankit Kumar @ Polu and his brother Adarsh Kumar @ Mohit called him by caste name and manhandled him.

It is also alleged that on protest, his chain was snatched and he was also assaulted by both of them. Ankit Kumar @ Polu gave a blow with spade on his head. As a result, he become unconscious. Accused Asha Devi and Dharmendra Prasad also assaulted him.

It is submitted by the learned counsel for the petitioner that there was no past enmity and and the incidence took place on the spur of moment, as per the FIR, without any premeditation and therefore the offence under section 307 will not be made out.

It is further submitted that the matter has been amicably settled between both the sides and compromise petition duly signed has also been filed before the learned lower court below. The supplementary affidavit to that effect has been filed before this court.

Learned A.P.P. has opposed the prayer for bail petition and submitted that the matter involves for grievous injuries on the vital part of the body.

Accordingly, the petitioner, namely, Ankit Kumar @ Polu is directed to surrender before the learned trial court within a period of four weeks and on such surrender, he shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, at Garhwa in connection with Garhwa P.S. Case No. 203 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, subject to further condition that petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand), as security deposit, in the court below on or before the date of his surrender and further he shall cooperate in the investigation.

This anticipatory bail application stands allowed.