Allowed

Mahadev Oraon v. The State Of Jharkhand

Jharkhand HC18 Jul 2018A.B.A./346/2018

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a rape and injuries case, imposing conditions including bail bond deposit, cooperation with investigation, and surrender within four weeks.

What did the court decide?

Petitioner enlarged on bail on surrender by depositing Rs. 2,00,000 as interim compensation and furnishing a bond of Rs. 15,000 with two sureties.

Mahadev Oraon Vs The State Of Jharkhand — Anticipatory Bail | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B. A. No. 346 of 2018

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Mahadev Oraon @ Mahadeo Oraon …… Petitioner Versus 1.The State of Jharkhand 2. Julita Kumari …… Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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--------- For the Petitioner :Mr. Anjani Kumar, Advocate For the State :A.P.P For the O.P. NO. 2: Mrs. Abha Verma, Advocate

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05/Dated: 18/07/2018

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Petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 21 of 2016, corresponding to G.R. No. 4291 of 2016 for the offence under section 376, 313 of the Indian Penal Code.

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It appears that under order dated 21.02.2018, notice was directed to be issued upon O.P. No. 2 consequent upon, O.P. No. 2 has appeared through learned counsel and under order 09.05.2018 both the parties were directed to remain physically present before this Court.

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Today, counsel for the petitioner and petitioner himself is physically present but O.P. No. 2 is not physically present through counsel for the O.P. No. 2 is present.

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The learned counsel for the petitioner has submitted that informant is a major girl aged about 25 years and in her statement under section 164 Cr.P.C she has stated that she was a consenting party for physical relationship and as from perusal of the statement recorded under section 164 Cr.P.C, it would be apparent that at no point of time petitioner forced her for physical relationship with her. The petitioner is an employee of Indian Tibetan Battalion Police, 2^nd Battalion, Babeli Camp, Kullu.

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Learned A.P.P as well as learned counsel for the O.P. 2 opposed the prayer for anticipatory bail.

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In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners on the following grounds:

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(i) Petitioner is directed to deposit Rs. 2,00,000/-(two lacs) before the trial court

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on the date of his surrender as interim compensation. Thereafter, trial court is directed to issue notice to the informant and after her appearance the trial court will release the said amount in her favour after making proper verification. The aforesaid deposition of amount will not affect the case of the petitioner during trial.

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(ii) The petitioner is directed to file undertaking on the date of his surrender duly sworn by pairvikar before the trial court that he will co-operate with the investigation and he will join the investigation as and when required.

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(iii) On the date of his furnishing bail bond, the petitioner will furnish their cell number and xerox copy of Aadhar card before the trial court.

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(iv) If the I.O wants to get the statement of the petitioner recorded, the I.O will file application before the trial court through learned A.P.P thereafter trial court will supply the cell number of the petitioner to the I.O, thereafter I.O will record the statement of the petitioner after giving 72 hours' notice fixing date, time and place to the petitioner and on the date fixed, the petitioners will appear before the Investigating Officer.

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(v) If the petitioner fail to do so, it is open to the I.O to file application for cancellation of bail of the petitioner before this court through learned A.P.P

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Accordingly, the petitioner is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the court of the court of Smt. Shilpa Murmu, learned J.M, Ranchi in connection with Mahila P.S. Case No. 21 of 2016, corresponding to G.R. No. 4291 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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Let a copy of this order be communicated to the concerned court through FAX and a copy of this order be handed over to the learned A.P.P for its transmission to the I.O.

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(Anant Bijay Singh, J.)

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Satyarthi/-

Mahadev Oraon v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahadev Oraon v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

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