Allowed

Kamla Kumari Alias Devi v. the State of Jharkhand

Jharkhand HC3 Sept 2019A.B.A./3555/2019

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners in a case registered for cheating and criminal breach of trust. The court imposed conditions requiring cooperation with the investigation and maintaining contact details.

What did the court decide?

Anticipatory bail granted subject to a bail bond of Rs. 25,000 with two sureties, cooperation with investigation, and furnishing of mobile numbers and Aadhar Cards.

Kamla Kumari Alias Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3555 of 2019

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Kamla Kumari @ Kamla Devi 2. Rajiv Kumar … Petitioners Versus

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The State of Jharkhand 2. Satya Devi … Opposite Parties ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rajeev Kumar, Advocate For the State : Mr. S.K. Sharma, Addl. P.P. For O.P. No.2 : Mr. Satish Kumar, Advocate

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------

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Order No.05 Dated- 03.09.2019

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Katras (Ramkanali O.P) P.S. Case No.302 of 2018 registered under sections 406/420/504/506/34 of the Indian Penal Code.

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Heard the parties.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners have taken a friendly loan of Rs.3,00,000/- and is not repaying the same. It is further submitted that the allegation against the petitioners are all false and drawing attention of this Court to page nos.18-21 of the brief, it is submitted that the petitioners have first instituted Katras P.S. Case No.273 of 2018 against one Ayodhya Thakur and at his behest, this case has been instituted. It is also submitted that the said Ayodhya Thakur obtained a blank cheque from the petitioners and has misused the same by filing the name of the informant in the said cheque to present the said cheque being issued by the petitioner in favour of the informant of this case to make out a false case against the petitioners for the purpose of harassing them. It is next submitted that the informant has never entrusted any money to the petitioners. It is then submitted that the petitioners are ready and willing to cooperate with the investigation of the case also undertake that they will not will annoy or disturb the informant or

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their family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail and the learned counsel for the opposite party no.2 submits that the opposite party no.2 has no document to show entrustment of any money to the petitioners.

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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 petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of four weeks from the date of this order, they shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhanbad, in connection with Katras (Ramkanali O.P) P.S. Case No.302 of 2018 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers during the pendency of the case and also undertake that they will not annoy or disturb the informant or their family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Gunjan-

Kamla Kumari Alias Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Kamla Kumari Alias Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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