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Anil Kumar Mondal v. the State of Jharkhand

Jharkhand HC15 Mar 2019A.B.A./5058/2018

Case brief

AI extract

What is this about?

This single judge order granted anticipatory bail to Anil Kumar Mondal in a special police case involving kidnapping, rape, and POCSO offences, directing surrender within four weeks upon furnishing bail bonds and sureties.

What did the court decide?

Petitioner directed to be released on anticipatory bail in the event of surrender/arrest with in four weeks, furnishing bail bonds of Rs. 10,000 with two sureties.

Anil Kumar Mondal 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. 5058 of 2018

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Anil Kumar Mondal @ Anil Kumar Mandal, son of Pyari Mondal, resident of villageJeet Kundi, Dumri, P.O.- Khudisar, P.S.- Dumri, District- Giridih (Jharkhand)

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…… Petitioner

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Versus

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The State of Jharkhand

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Gobind Mandal

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Dolly Kumari D/o Gobind Mandal

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Both R/o village Bhalpanadi, Po_ Lodharia, P.S.- Tundi, Dist- Dhanbad

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……Opposite Parties

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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. A.K. Kashyap, Sr. Advocate Mr. Abhilash Kumar, Advocate For the State : Mr. Deepak Kumar, A.P.P For Informant : Mr. M.B. Lal, Advocate

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07/Dated: 15/03/2019

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Heard learned counsel for the petitioner and learned counsel for the State assisted by learned counsel for the informant.

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Learned counsel for the petitioner has prayed for grant of anticipatory bail in connection with Spl. (P) Case No.61 of 2018, arising out of Tundi P.S. Case No.26 of 2018, corresponding to G.R. Case No.2067 of 2018, for the offence under Sections 366/376(1) of the Indian Penal Code and Section 4 of POCSO Act.

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Learned counsel for the petitioner has submitted that petitioner is relative of the informant and for the offence committed on 08.02.2018 to 12.03.2018, the F.I.R. has been lodged on 17.05.2018, during this period neither the mother of victim nor the father of the victim has informed the police about the occurrence. The signature found on the typed copy of F.I.R. of the informant, Dolly Kumari is different from the signature found on Annexure-4 at page no.28, which is in capital letter. Learned counsel for the petitioner has further submitted that petitioner has no criminal antecedent, as such petitioner may be enlarged on anticipatory bail.

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Learned counsel for the State assisted by learned counsel for the informant has vehemently opposed the prayer for anticipatory bail and has submitted that girl has been kidnapped by the petitioner and she was in a unconscious condition.

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This Court fails to appreciate that approximately for one month no F.I.R. has been lodged with regard to kidnapping of the victim by the mother and father, as such petitioner may be enlarged on anticipatory bail, who is brother-inlaw of victim.

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Considering the rival submissions made by learned counsel for the parties, the petitioner named above is directed to be released on anticipatory bail in the event of his surrender/arrest withing four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-I cum Special Judge, Dhanbad in connection with Spl. (P) Case No.61 of 2018, arising out of Tundi P.S. Case No.26 of 2018, corresponding to G.R. Case No.2067 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Kailash Prasad Deo, J.)

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R.S./-

Anil Kumar Mondal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Anil Kumar Mondal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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