High CourtsSingle Bench(2020) 12 JH CK 0092

Jageshwar Singh And Ors vs State Of Jharkhand And Ors

Jharkhand High Court · Decided on 11 December 2020

HON’BLE JUDGES
Anil Kumar Choudhary, J
CASE NUMBER
A.B.A. No. 4006 Of 2020

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Judgment

23 paragraphs · 491 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Khukhara P.S. Case No.8

of 2019 registered under sections 147/ 148/149/341/323/324/354B/34 of the Indian Penal Code.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners trespassed to the land of the informant

and outraged her modesty. It is, further, submitted that the allegation against the petitioners are all false. It is then submitted that the petitioners are

ready and willing to jointly pay Rs. 20,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and

undertake to cooperate with the investigation of the case and also undertake that they will not go over or near the place of occurrence nor they will

annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the petitioner be given the privilege of

anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners

be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they

shall be released on bail on jointly depositing a demand draft of Rs. 20,000/- as ad interim victim compensation in favour of informant and on furnishing

bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class,

Giridih, in connection with Khukhara P.S. Case No.8 of 2019 with the condition that the petitioners will cooperate with the investigation of the case

and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the

court below with the undertaking that they will not change their mobile numbers during the pendency of the case with further condition that they will

not go over or near the place of occurrence nor they will annoy or disturb the informant in any manner during the pendency of the case subject to the

conditions laid down under section 438 (2) Cr. P.C.

In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over

the said demand draft to her, after proper identification.