This is an anticipatory bail application filed by the petitioner in a case under Sections 420, 406, and 120B of the IPC. The court, noting the settlement and absence of ulterior motives, granted anticipatory bail subject to standard conditions.
The petitioner shall be released on bail in the event of his arrest or surrender within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 101 of 2019
Abhimanyu Bauri … Petitioner Versus 1. The State of Jharkhand 2. Asha Bouri … Opposite Parties ------
CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. M. Tewari, Advocate For the State : Addl. P.P. For O.P. No.2 : Mr. S. Kumar, Advocate
------
Order No.05 Dated- 14.03.2019
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Nirsa P.S. Case No.49 of 2018 (G.R. No. 622 of 2018) registered under sections 420/406/120B of the Indian Penal Code.
Heard the parties.
Both the petitioner and opposite party no.2 are present in the Court today.
The petitioner and opposite party no.2 jointly submits that a settlement has been arrived at between the parties.
The Learned counsel for the petitioner submits that the allegations against the petitioner are all false and are general and omnibus in nature. It is, further, submitted that the dispute is purely a civil dispute and as the parties have settled their matter, hence, the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. assisted by the learned counsel for the opposite party no.2 submits that since the matter has been settled between the parties, they have no objection to the prayer for grant of anticipatory bail.
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 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dhanbad, in connection with Nirsa P.S. Case No.49 of 2018 (G.R. No. 622 of 2018) 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 his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the instant case given the settlement between parties.
1 provisions across 1 enactments
Abhimanyu Bauri
The State of Jharkhand
Asha Bouri
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
