The High Court of Jharkhand granted anticipatory bail to the petitioner. The court allowed his surrender within four weeks for release on bail on furnishing a bond and depositing compensation money towards the victim.
Grant of anticipatory bail; release upon surrender within four weeks with a bail bond and deposit of Rs. 7,500 as compensation.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3122 of 2017
Shiv Kumar Manjhi .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opp. Party CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. S.K. Deo, Advocate For the Opp. Party : A.P.P. ------
02/09.06.2017 Apprehending his arrest the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Devipur P.S. Case No.29 of 2017 registered under Section 147 /148 /323 /452 /307 / 504 / 506 of the Indian Penal Code.
Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State.
Learned counsel for the petitioner submitted that there is a case and counter case relating to the same occurrence. The injuries sustained by the victims are caused by hard and blunt substance and all the injuries are simple in nature. It is further submitted that the petitioner is ready and willing to deposit Rs.7,500/- which can be paid to the victim as a part of compensation in the court below.
Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioner and drew the attention of this Court to the order passed by learned Sessions Judge, Deoghar vide order dated 27.03.2017 in B.P. No.119 of 2017 wherein, the co-accused person has been granted bail. It has also been observed by the learned Sessions Judge that the injuries which were found on the injured person were caused by hard and blunt object and not by sharp edged weapon as alleged in the F.I.R. and also the injuries were simple in nature.
Considering the submissions of counsels and the fact as discussed above, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Deoghar in connection with Devipur P.S. Case No.29 of 2017 (G.R. No.309 of 2017)
subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. subject to further conditions is that on the date of surrender, petitioner shall deposit Rs.7,500/- in the Court below. In case, the petitioner deposits Rs.7,500/- the same be released in favour of the victim by the court concerned forthwith on proper identification.
Animesh/Gunjan
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner to prevent immediate arrest in case of offences under various sections of the Indian Penal Code?
1 provisions across 1 enactments
Shiv Kumar Manjhi
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
