Allowed

Ram Chandar Yadav v. the State of Jharkhand

Jharkhand HC23 Sept 2021A.B.A./5821/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners in connection with an FIR for kidnapping and rape. The petitioner was released upon surrender by furnishing a bail bond subject to conditions including cooperation with the investigation and appearance before the IO.

What did the court decide?

Grant of anticipatory bail conditioned on surrender within six weeks, furnishing a Rs. 25,000 bail bond with two sureties, cooperation with investigation, appearance before the IO, and submission of m

Ram Chandar Yadav Vs the State of Jharkhand — Child Sexual Offences (POCSO) | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 5821 of 2021

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Ram Chandar Yadav

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Kanchan Devi … Petitioners

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Versus

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The State of Jharkhand … Opposite Party

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Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. Sabyasanchi ,Adv. For the State : Mr. Sahilesh Kr. Sinha ,Addl. P.P.

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04 / 23.09.2021 Heard the parties through Video Conferencing.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Borio (J) P.S. Case No. 294 of 2020 registered under Sections 363, 366(A), 341, 376 of the Indian Penal Code and Section 3/4 of POCSO Act.

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Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners in criminal conspiracy with the co-accused Karu Yadav, kidnapped the minor victim girl by making her senseless by mixing wine in her cold drink and the co-accused Karu Yadav raped the victim girl. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. Drawing attention of the court to the statement of the victim recorded under Section 164 CrP.C., learned counsel for the petitioner submits that victim therein has categorically stated that she was in physical relationship with the Karu Yadav voluntarily and Karu Yadav used to visit her house in presence of her parents and she also solemnized marriage with Karu Yadav and she voluntarily went to his house but subsequently, the police arrested Karu Yadav but the victim wants to live with Karu Yadav. It is next submitted that the petitioner is ready to co-operate with the

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investigation of the case hence, the petitioners be given the privilege of anticipatory bail.

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The learned Addl. PP opposes the prayer for anticipatory bail of the petitioners.

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Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Sahibganj in connection with Borio (J) P.S. Case No. 294 of 2020 subject to the condition that the petitioners will cooperate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.

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( ANIL KUMAR CHOUDHARY, J.)

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Smita/-

Ram Chandar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Ram Chandar Yadav v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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