This order grants anticipatory bail to the petitioner in a criminal case under Section 376 IPC, directing surrender within four weeks and specifying bail conditions upon arrest.
Grant of anticipatory bail; direction to surrender within four weeks; enlargement on bail upon appearance.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.72 of 2019
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Parmeshwar Sahu .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Purnima Sah .... .... .... Opposite Parties ------
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Ms. Sunita Kumari, Advocate For the State : Addl.P.P. For the O.P. No.2 : None
Order No.04 Dated- 12.03.2019
Apprehending his arrest in connection with Sisai P.S. Case No.71 of 2017 corresponding to G.R. No.620 of 2017 instituted under Sections 376 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Though notice has been issued to opposite party No.2 but no one appears on her behalf in spite of repeated calls.
Heard learned counsel appearing for the petitioner and learned Addl.P.P. appearing for the State.
Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false. It is further submitted that the informant demanded Rs.1,00,000/- from the petitioner for withdrawing the instant case by calling him on his mobile and there is inordinate delay of about two months in lodging the F.I.R. and this case has falsely been foisted because of enmity between the petitioner and the husband of the informant as both of them were working in garage. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
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 Judicial Magistrate, Gumla within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Gumla in connection with
Sisai P.S. Case No.71 of 2017 corresponding to G.R. No.620 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J . )
Animesh/
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail in a case under Section 376 IPC?
1 provisions across 1 enactments
Parmeshwar Sahu
State of Jharkhand
Purnima Sah
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
