Allowed

Chandwa Devi v. the State of Jharkhand

Jharkhand HC22 Feb 2019A.B.A./406/2019

Case brief

AI extract

What is this about?

Single judge granted anticipatory bail to the petitioner in a criminal case alleging assault and attempted murder, directing surrender, deposit of interim compensation, and furnishing of bail bond within four weeks.

What did the court decide?

Petitioner granted anticipatory bail directed to surrender, deposit Rs. 10,000/- compensation, furnish Rs. 25,000/- bond with two sureties within four weeks.

Chandwa Devi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.406 of 2019

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------

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Chandwa Devi

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.... .... …. Petitioner

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Versus

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The State of Jharkhand .... .... .... Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Shambhu Nath Tiwari, Advocate For the State : Addl.P.P. ------

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Order No.04 Dated- 22.02.2019

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Apprehending her arrest in connection with Gawan P.S. Case No.40 of 2018 corresponding to G.R. No.1137 of 2018 instituted under Sections 147, 148, 149, 323, 325, 307 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that she along with co-accused persons assaulted the informant and his son causing grievous injury and there is specific allegation against the petitioner of assaulting only the son of the informant namely Ram Vilas Yadav by means of tangi on his leg, hence, it is obvious that she did not have the intention to kill the victim Ram Vilas Yadav. It is next submitted that the allegations against the petitioner are all false. The rival parties are agnates and there is land dispute between the parties and to settle scores, this false case has been foisted. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.10,000/-(Rupees ten thousand) without prejudice to her defence in this case in favour of the victim namely- Ram Vilas Yadav. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned A.C.J.M., Giridih within four weeks from today and in the event of her arrest or surrendering, the petitioner will be enlarged on bail on depositing a

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demand draft of Rs.10,000/- (Rupees ten thousand) as ad interim victim compensation without prejudice to her defence in this case drawn in favour of the victim namely- Ram Vilas Yadav and on furnishing bail bond of Rs.25,000/(Twenty five thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M., Giridih in connection with Gawan P.S. Case No.40 of 2018 corresponding to G.R. No.1137 of 2018 with the condition that she will cooperate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the demand draft of Rs.10,000/- (Rupees ten thousand), the court below is directed to issue notice to the victim namelyRam Vilas Yadav and on his proper identification, the court below shall handover the same to him forthwith.

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(Anil Kumar Choudhary, J . )

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Animesh/

Chandwa Devi v. the State of Jharkhand

Case brief

What is this about?

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Chandwa 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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