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Bhupendra Mishra v. the State of Jharkhand

Jharkhand HC15 Feb 2019A.B.A./60/2019

Case brief

AI extract

What is this about?

In a writ petition for anticipatory bail under Section 438 CrPC, the High Court granted bail to the petitioner involved in a cheating case. The court directed the petitioner to deposit Rs. 75,000 as ad-interim victim compensation and furnish a bail bond with sureties if arrested or surrenders within six weeks.

What did the court decide?

Grant of anticipatory bail conditioned on deposit of Rs. 75,000 as ad-interim compensation and furnishing a bail bond of Rs. 25,000 with two sureties.

Bhupendra Mishra Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 60 of 2019

Bhupendra Mishra

… ... Petitioner

Versus

The State of Jharkhand

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… … 2. Vishwanath Tiwary Opposite Party --------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Sunil Singh, Advocate For the State : Addl. P.P.

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Order No. 04: Dated : 15^th February, 2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with C.P. Case No. 995 of 2017 for the offence registered under Sections 420, 406, 120B of the Indian Penal Code.

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Heard the parties.

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The learned counsel for the petitioner submits that the petitioner negotiated the marriage of his son with the daughter of the complainant and the complainant gave Rs. 1,51,000/- to the petitioner through bank transaction and Rs. 1,00,000/- through cash. It is next submitted that the petitioner has admittedly returned the Rs. 1,00,000/- to the complainant but not returned the rest amount. It is further submitted by the counsel for the petitioner that petitioner has returned the entire amount of Rs. 1,51,000/and he never received Rs. 1,00,000/- in cash as claimed by the complainant. It is further submitted that the petitioner is ready and willing to pay Rs. 75,000/- as ad-interim victim compensation to the victim 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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The learned Addl. P.P. opposes the prayer for anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that this is a fit case where the petitioner, named above, be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of six weeks from the

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date of this order, he shall be released on bail on depositing demand draft of Rs. 75,000/- drawn in favour of complainant as ad interim victim compensation and furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Bokaro in connection with C.P. Case No. 995 of 2017 subject to the condition laid down under section 438 (2) Cr. P.C.

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In case the petitioners deposit the aforesaid amount, the court below is directed to issue notice to the complainant-Vishwanath Tiwary and on his proper identification, the court below shall release the aforesaid amount in his favour.

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(Anil Kumar Choudhary, J.)

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Bhupendra Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bhupendra Mishra v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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