High Court of Jharkhand dismissed an application for anticipatory bail in a gang rape and assault case, directing petitioners to surrender within four weeks for baileening.
Direction to surrender within four weeks for bail; release on bail bond of Rs. 10,000 each with two sureties of like amount upon surrender.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A . B. A. No. 5829 of 2018
Petitioner(s)
Versus
.. ... ...Opp. Party
CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO
For the Petitioner(s) : Mr. Binit Chandra, Advocate. For the State : Additional Public Prosecutor For the Informant : Mr. Sabyasachi, Advocate.
06 / 14.03.2019. Heard learned counsel appearing for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.
The petitioners, who are accused for offence under Sections 341/323/386/354B/307/379/506/34 of the Indian Penal Code, pray for anticipatory bail in connection with Pathargama P.S. Case No.56 of 2018.
Learned counsel appearing for the petitioners has submitted that the petitioners have been falsely implicated in this case by the informant who is Jal Sahaiya on the ground that one of the petitioners has demanded Rs.50,000/- and there is false allegation that the petitioner, Subhash Mandal has assaulted the husband of the informant on his head by iron rod and also snatched golden chain and purse of the informant.
Learned counsel for the petitioners has further submitted that from bare reading of the injury report, it appears that injury upon husband of the informant has been found to be simple in nature which cannot be caused by iron rod.
Learned counsel for the petitioners has further submitted that the informant being Jal Sahiya has tried to misappropriate Government money which was opposed by the petitioners, as such, false case has been instituted against the petitioner (husband), wife and son.
Learned counsel for the State assisted by learned counsel for the informant while opposing prayer for anticipatory bail, has submitted that there was demand of rangdari to tune of Rs.50,000/- from the informant and on refusal, her husband has been assaulted.
-2-
Considering rival submissions of the parties and considering that since the injury falsifies the allegation, the petitioners, above-named, are directed to surrender before the court below within four weeks from today, and on their surrender, they shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Godda, in connection with Pathargama P.S. Case No.56 of 2018 corresponding to G.R. No. 664 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. with further condition that the petitioners are directed to remain physically present on each and every date till framing of charge.
(Kailash Prasad Deo, J.)
Sandeep/
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners accused of offences under Sections 341/323/386/354B/307/379/506/34 of the Indian Penal Code.
1 provisions across 1 enactments
Subhash Mandal
Dipak Mandal
Niro Devi
The State of Jharkhand
Namita Devi
Kailash Prasad Deo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
