Allowed

Madhulika Devi and Ors. v. the State of Jharkhand

Jharkhand HC1 Dec 2015A.B.A./3282/2015

Case brief

AI extract

What is this about?

The High Court of Jharkhand, Ranchi, allowed an application for anticipatory bail sought by the mother and grandfather of the accused, men friends of the main accused involved in enticement of a minor girl. No complicity was found in petitioners.

What did the court decide?

Anticipatory bail allowed. Directed to surrender to lower court within three weeks and furnish bail bond of Rs. 10,000 each with two sureties of the like amount to the satisfaction of J.M., Godda.

Madhulika Devi and Ors. Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 3282 of 2015

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Madhulika Devi, W/o Arun Kumar Mishra, Resident of Village Kasba, P.O., P.S. Meharma, District Godda

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Jayant Kumar Mishra @ Jayant Mishra S/o Late Nilkanth Mishra, Resident of Village Bhatkhoriya, P.O., P.S. Thakurgangti, District Godda

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Amarjeet Kumar @ Guddu Kumar Sah, S/o Late Chunchun Sah, Resident of Village Bhatkhoria, P.O., P.S. Thakurgangti, District Godda.

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Deepak Kumar Sah, S/o Manmohan Sah, Resident of Village Runjhi, P.O., P.S. Thakurgangti, District Godda

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… … Petitioners

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Versus

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The State of Jharkhand … … Opp. Party ---

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY

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For the Petitioners : Mr. Kailash Prasad Deo, Advocate For the Opp. Party : Mr. Shekhar Sinha, A.P.P.

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04/01.12.2015 Heard Mr. Kailash Prasad Deo, learned counsel appearing for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

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Petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with Meharma (Thakurgangti) P.S. Case No. 295 of 2015 corresponding to G. R. No. 1365 of 2015 registered for the offences punishable under Sections 363, 366(A), 120B of the Indian Penal Code.

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The allegation made in the First Information Report is that the daughter of the informant was enticed away by one Shivam Kumar Mishra for the purpose of marriage.

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It has been submitted by the learned counsel for the petitioners that the petitioner No. 1 is the mother of Shivam Kumar Mishra whereas the petitioner No. 2 is the maternal grandfather. So far as the petitioner Nos. 3 and 4 are concerned, they are merely the friends of the main accused. It has further been submitted by the learned counsel for the petitioners that the victim, on being recovered, had given statement under Section 164 Cr.P.C. in which she has categorically stated that no one had any hand on her going away with Shivam Kumar Mishra.

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-2-

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Learned A.P.P., on the other hand, has opposed the prayer for anticipatory bail of the petitioners and has submitted that the victim is a minor girl aged about seventeen years.

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Since there does not appear to be any complicity of the petitioners in the act played by Shivam Kumar Mishra for enticing away the victim girl as would appear from the statement of the victim girl recorded under Section 164 Cr.P.C., I am inclined to allow this application and direct, the petitioners, above named, to surrender in the court below within three weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Godda, in connection with Meharma (Thakurgangti) P.S. Case No. 295 of 2015 corresponding to G. R. No. 1365 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Umesh/-

Madhulika Devi and Ors. v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Madhulika Devi and Ors. v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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