Allowed

Nitu Kumari v. The State Of Jharkhand

Jharkhand HC10 Jul 2018A.B.A./205/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand allowed the petitioner's prayer for anticipatory bail in a vigilance case involving an allegation of bribe demand. The court directed the release contingent upon depositing interim victim compensation and furnishing bail bonds with sureties.

What did the court decide?

Grant of anticipatory bail upon arrest/surrender within four weeks, conditional upon deposit of Rs. 10,000 interim victim compensation and furnishing bail bond with two sureties.

Nitu Kumari Vs The State Of Jharkhand — Corruption | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 205 of 2018

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Nitu Kumari … Petitioner Versus

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The State of Jharkhand through Vigilance … Opposite Party -----CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate For the C.B.I. : Mr. T.N. Verma, Spl. P.P. ------

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Order No.10 Dated- 01.05.2019

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Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Balumath P.S. Case No.53 of 2017 (Vigilance Case No. 1 of 2017) registered under sections Section 13 (2) of P.C. Act.

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Heard the learned Senior Advocate appearing for the petitioner and learned counsel for the C.B.I.

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The Learned Senior Advocate appearing for the petitioner submits that the allegation against the petitioner is that while the petitioner was posted as lady supervisor in the office of C.D.P.O., Balumath, she demanded bribe of Rs. 1,00,000/- from one Sumi Devi in her selection as Aaganbari Sevika . It is further submitted that allegedly the said Sumi Devi recorded the voice of the petitioner demanding money from her in her mobile handset which was attached with one compact disc. Learned Senior Advocate appearing for the petitioner submits that though investigation is going on since 09.04.2017 but till today no compact disc has been seized by the Investigating Officer nor there is any whisper as to what was the contents of the compact disc or exactly what words were uttered by the petitioner regarding demandin money and except the said Sumi Devi there is no other eye witness to the occurrence. It is further submitted that there is no rhyme or reason as to why the said Sumi Devi did not approach the AntiCorruption Bureau when the bribe was demanded by a public servant. It is next submitted that the said Sumi Devi was desirous

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of being Aaganbari Sevika but as the villagers did not approve her name in the joint meeting hence she could not be appointed as Aaganbari Sevika and she had a grudge against the petitioner hence, this false case has been foisted by the said Sumi Devi. It is further submitted that the petitioner is ready and willing to pay Rs. 10,000/- as ad interim victim compensation to the victim without prejudice to her defence in this case and undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned counsel for the anti-corruption Bureau opposes the prayer for grant of anticipatory bail.

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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 petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of four weeks from the date of this order, she shall be released on bail on depositing a demand draft of Rs. 10,000/- as ad interim victim compensation in favour of victim-Sumi Devi and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (ACB), Palamau, in connection with Balumath P.S. Case No.53 of 2017 (Vigilance Case No. 1 of 2017) with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the victim-Sumi Devi and hand over the said demand draft to her, after proper identification.

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Sonu/Gunjan-

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(Anil Kumar Choudhary, J . )

Nitu Kumari v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Nitu Kumari v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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