The Single Judge granted anticipatory bail to the petitioner in a Criminal Case involving 147, 498A, 323, 379 IPC and 3/4 D.P. Act, directing surrender within four weeks.
To admit petitioner on anticipatory bail under Section 438 CrPC with direction to surrender in 4 weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2994 of 2018
Md. Ekbal ….. Petitioner
Versus The State of Jharkhand & Anr. ….. Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. S.N.Roy, Advocate. For the State : A.P.P.
--------- 05/Dated: 09/10/2018
The petitioner is apprehending his arrest in connection with the case registered under Sections 147, 498A, 323, 379 of the IPC and 3 /4 of D.P.Act.
Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated and not committed any offence whatsoever alleged in the FIR. It is further submitted the petitioner is the brother-in-law (Devar) of the informant/O.P.No.2.
Learned APP opposed the prayer for bail of the petitioner.
It appears that despite valid service of notice and several opportunities was given for appearance of O.P.No.2, but she did not appear and the petitioner is brother-in-law (Devar) of the O.P.No.2/informant.
Under the facts and circumstances of the case, I am inclined to admit the above named petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within four weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.,1st Class, Koderma, in connection with Complaint Case No.331/15, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anant Bijay Singh, J.)
fahim/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in light of his brother-in-law being the informant.
Whether the petitioner should be directed to surrender within a specified period to avail bail canons under Section 438(2) CrPC.
1 provisions across 1 enactments
Md. Ekbal
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
