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Mahabir Kumar Gope v. the State of Jharkhand

Jharkhand HC5 Feb 2019A.B.A./428/2019

Case brief

AI extract

What is this about?

The petitioner applied for anticipatory bail in connection with a case involving assault with an iron rod, alleging false implications. The single-judge bench granted anticipatory bail contingent upon depositing interim victim compensation and adhering to specific court conditions.

What did the court decide?

Anticipatory bail granted for arrest within four weeks; release on deposit of Rs. 15,000/- interim compensation and furnishing of bail bond and conditions.

Mahabir Kumar Gope Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 428 of 2019

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Mahabir Kumar Gope … Petitioner Versus The State of Jharkhand … Opposite Party

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------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. S. Kumar, Advocate For the State : Addl. P.P. ------

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Order No.02 Dated- 05.02.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Chas P.S. Case No.132 of 2018 (G.R. No. 778 of 2018) registered under sections 147/148/149/341/323/307 of the Indian Penal Code.

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

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The Learned counsel for the petitioner submits that the petitioner is a juvenile and the allegations against the petitioner are all false. There is case and counter case between the parties and the allegation against the petitioner is of assault with an iron rod and there is no allegation of any repetition of blow. It is next submitted that the petitioner is ready and willing to pay Rs. 15,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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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 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 depositing a demand draft of Rs. 15,000/- as ad interim victim

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compensation in favour of informant-Dulal Haldar and 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 C.J.M., Bokaro, in connection with Chas P.S. Case No.132 of 2018 (G.R. No. 778 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.

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In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant- Dulal Haldar and hand over the said demand draft to her, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Mahabir Kumar Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahabir Kumar Gope v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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