Allowed

Dhananjay Chauhan v. The State Of Jharkhand And Anr.

Jharkhand HC8 Aug 2018A.B.A./58/2018

Case brief

AI extract

What is this about?

This order grants anticipatory bail to the petitioner apprehending arrest for offences under sections 34366A and 376 IPC. The court imposes specific conditions including cooperation with investigation, furnishing personal details, and dismissal. The petitioner is directed to surrender within four weeks, after which the lower court must grant bail on a bond of Rs. 15,000 with two sureties.

What did the court decide?

Anticipatory bail granted contingent on surrender within four weeks and fulfillment of conditions; trial court to grant bail on Rs. 15,000 bond upon surrender.

Dhananjay Chauhan Vs The State Of Jharkhand And Anr. — 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. 58 of 2018

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Dhananjay Chauhan …… Petitioner Versus

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1.The State of Jharkhand 2. Lalita Kumari …… Opposite Parties

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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH

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For the Petitioner :Mr. Prabir Kumar Chatterjee, Advocate For the State :A.P.P

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05/Dated: 08/08/2018

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Petitioner is apprehending his arrest in connection with Topchanchi P.S. Case No. 129 of 2016 corresponding to G.R. No. 3076 of 2016 for the offence under sections 366(A), 376 of the Indian Penal Code.

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Report dated 17.07.2018 submitted by learned J.M, Ist Class, Dhanbad reveals that process of 82/83 Cr.P.C has not been issued against the petitioner.

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Today, both the parties are physically present and have submitted that they are living together peacefully.

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

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(i) Petitioner will 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 they will join the investigation as and when required.

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

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(iii) 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 petitioner will appear before the

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Investigating Officer.

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(iv) If the petitioner fails 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 Sri V. J. Kerketta, J.M, Ist Class, Dhanbad in connection with Topchanchi P.S. Case No. 0129 of 2016 corresponding to G.R. No. 3076 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and also subject to the condition that one of the bailors must be close relative of the petitioner.

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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

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the I.O.

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(Anant Bijay Singh, J.)

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Satyarthi/-

Dhananjay Chauhan v. The State Of Jharkhand And Anr.

Case brief

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Dhananjay Chauhan v. The State Of Jharkhand And Anr.

Case brief

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What did the court decide?

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