Allowed

Dani Rai v. the State of Jharkhand

Jharkhand HC5 Mar 2021A.B.A./650/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner under Section 438 Cr.P.C in a case involving alleged assault and property dispute. The court found the FIR false, noting no corresponding injuries and an admitted land dispute as the motive.

What did the court decide?

Anticipatory bail granted for surrender or arrest within four weeks, subject to a bail bond of Rs. 10,000 and two sureties.

Dani Rai Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

A.B.A. No. 650 of 2021

¶3

¶4

Dani Rai ----Petitioner

¶5

Versus

¶6

The State of Jharkhand ----- Opposite Party

¶7

¶8

CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

¶9

¶10

For the Petitioner: Mr. Arvind Kr. Choudhary, Advocate For the State: Md. Hatim, A.P.P

¶11

¶12

05/05.03.2021 Learned counsel for the petitioner undertakes to remove the following

¶13

surviving defects within a week.

¶14

9 (i) Mode of hearing is not appearing at presentation form.

¶15

(ii) Typed copies may be made certified to be true.

¶16

(iii) Deponent parental name differs from Aadhar card.

¶17

Office to place the file for inspection and removal of defects, on requisition being made, within this time.

¶18

Heard learned counsel for the petitioner and learned A.P.P.

¶19

Petitioner seeks anticipatory bail in terms of Section 438 Cr.P.C in connection with Sarwan P.S. Case No. 107/2020 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354(A), 379 and 427 of the Indian Penal Code and pending before the court of Smt. A. Kisku, learned Judicial Magistrate, Deoghar.

¶20

Learned counsel for the petitioner submits that on allegations of trying to capture PCC road at Manjori Mouza under Sarwan P.S., ten persons have been made accused including this petitioner and his wife. As per the written report forming the basis of FIR, allegation of assault on two sons of the Informant are upon Falguni Yadav and wife of this petitioner which led to bleeding injury. Though, allegations have been made against this petitioner of having assaulted Fudo Devi by lathi on her waist and chest, but there are no corresponding injury and moreover, exaggerated allegations have been made against the petitioner of tearing her Saari and Blouse and also snatching her silver chain. There is an admitted land dispute between the parties and the Informant party wants to capture it illegally when the petitioner objected. Therefore, false case has been lodged. No offence under sections 324, 307 and 379 of the Indian Penal Code is made out against the petitioner. Petitioner may therefore be protected from unnecessary arrest by granting him anticipatory bail.

¶21

¶22

Learned A.P.P has opposed the prayer. He submits that there is an allegation of assault by lathi upon Fudo Devi and also trying to outrage her modesty. He however, in not in a position to dispute there are no corresponding injury upon her.

¶23

Having considered the facts and circumstances above and submissions of learned counsel for the parties, I am inclined to grant anticipatory bail to the petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of four weeks, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. A. Kisku, learned Judicial Magistrate, Deoghar in connection with Sarwan P.S. Case No. 107/2020, subject to the condition as laid down under Section 438(2) of Cr.P.C.

¶24

Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile number without permission of the trial court.

¶25

( Aparesh Kumar Singh, J)

¶26

Ranjeet/

Dani Rai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dani Rai v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

MD Mujju Ray Vs the State of Jharkhand

Rani Shabnam Vs Manish Kumar

Shanti Devi Vs the State of Bihar Now Jharkhand

Om Prakash Roy Vs the State of Jharkhand

Jagdish Pradhan Vs the State of Jharkhand

Jagarnath Sao Alis Jagarnath Prasad Vs the State of Jharkhand