This Court grants anticipatory bail to petitioners Kapura Devi and Yudhisthir Mandal in a case under IPC and Dowry Prohibition Act, directing them to surrender within four weeks and furnish a bail bond.
Petitioners granted anticipatory bail subject to surrender within four weeks and furnishing bail bond of Rs. 25,000/- with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.138 of 2019
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Kapura Devi .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Rima Kumari .... .... .... Opposite Parties With
A.B.A. No.160 of 2019
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Yudhisthir Mandal .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Rima Kumari .... .... .... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioners : Mrs. Vandana Singh, Advocate For the State : Addl.P.P. For the O.P. No.2 : None
Order No.05 Dated- 26.03.2019
Apprehending their arrest in connection with Harla P.S. Case No.108 of 2018 instituted under Sections 341, 323, 379, 498-A, 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.
Though notice was issued to the opposite party No.2 but no one appears on her behalf in spite of repeated call.
Learned counsel for the petitioners file the certified copy of the order sheet of Sessions Judge, Bokaro in A.B.P. No.07 of 2019 as well as the joint compromise petition filed in that case. Let the same be kept in the record.
Heard learned counsel appearing for the petitioners and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioners drawing attention of this Court towards the joint compromise between the parties, submits that the parties have amicably settled the matter outside the court and they have decided to separate. It is submitted that the allegations against the petitioners are all false and general and omnibus in nature. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M. 1st Class, Bokaro within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bokaro in connection with Harla P.S. Case No.108 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in connection with the Harla P.S. Case.
Whether the surrender and furnishing of bail bond is a condition precedent for granting anticipatory bail.
Whether the joint compromise between the parties justifies granting anticipatory bail.
8 provisions across 3 enactments
Kapura Devi
Yudhisthir Mandal
The State of Jharkhand
Rima Kumari
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
