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Prafful Kumar Alias Prafful Kumar Singh v. the State of Jharkhand

Jharkhand HC18 Mar 2021A.B.A./873/2021

Case brief

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What is this about?

The court granted anticipatory bail to petitioners regarding specific IPC offences. Reliance was placed on a personal undertaking by counsel to remove defects within two weeks post-lockdown. The court directed joint payment of victim compensation and specific bail conditions upon surrender.

What did the court decide?

Grant of anticipatory bail upon surrender within six weeks, subject to depositing victim compensation, providing bail bond, two sureties, and specific undertakings regarding investigation cooperation

Prafful Kumar Alias Prafful Kumar Singh Vs the State of… — Anticipatory Bail | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 873 of 2021

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Prafful Kumar @ Prafful Kumar Singh

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Priya Ranjan … Petitioners Versus

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The State of Jharkhand … Opposite Party ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioners : Mr. Pankaj Kr. Choudhary, Advocate For the State : Mr. N.K. Ganjhu, Addl. P.P.

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------

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Order No.02 Dated- 18.03.2021

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Heard the parties through video conferencing.

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Learned counsel for the petitioners personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

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In view of the personal undertaking of the learned counsel for the petitioners, the defects pointed out by the stamp reporter are ignored for the present.

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Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Pathargama P.S. Case No.152 of 2020 registered under sections 341/323/307/354B/379/504/506/34 of the Indian Penal Code.

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The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners attempted to murder the informant and his son and also outraged the modesty of the wife of the informant. It is further submitted that the allegations against the petitioners are all false and earlier, from the side of the petitioners, the wife of the petitioner no.1 has instituted Complaint Case No. 489 of 2020 which upon being forwarded to police under section 156(3) Cr.P.C., Pathargama P.S. Case No. 161 of 2020 has been registered. It is further submitted that the allegations against the petitioners are general and omnibus in nature. It is next submitted that the petitioners are ready and willing to jointly pay Rs.5,000/- as ad interim victim compensation to the informant without prejudice to their defence in this case and undertake to

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cooperate with the investigation of the case and also undertake that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case. Hence, it is submitted that the petitioners be given the privilege of anticipatory bail.

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Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on jointly depositing a demand draft of Rs.5,000/- as ad interim victim compensation in favour of informant and 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 Judicial Magistrate -1^st Class, Godda, in connection with Pathargama P.S. Case No.152 of 2020 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case with further condition that they will not annoy or disturb the informant or his family members in any manner during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.

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In case, the petitioners deposit the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to him, after proper identification.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Prafful Kumar Alias Prafful Kumar Singh v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prafful Kumar Alias Prafful Kumar Singh v. the State of Jharkhand

Case brief

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What did the court decide?

What the court decided

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