Allowed

Rakesh Kumar v. the State of Jharkhand

Jharkhand HC24 Feb 2022A.B.A./1258/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioners in a case involving assault and outrage of modesty. The court dismissed defects noted by the stamp reporter due to the counsel's undertaking. Bail was subject to a monetary deposit and furnishing of security.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs. 10,000/-, security bond of Rs. 25,000/- each with two sureties, and compliance with investigation requirements and Section 438 (2) Cr.P.C. condition

Rakesh Kumar Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1258 of 2022

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Rakesh Kumar

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Ashok Mahto … Petitioners Versus The State of Jharkhand … Opposite Party ------

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Chandra S. Pandey, Advocate For the State : Mr. Ashok Kumar, Addl. P.P.

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------

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Order No.02 Dated- 24.02.2022

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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 resumption of the Court in physical mode.

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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 Balumath P.S. Case No.241 of 2021 registered under sections 341/342/323/354/34 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 in furtherance of common intention with the co-accused persons assaulted the informant and his family members and outraged the modesty of the niece of the informant. It is further submitted that the allegations against the petitioners are all false and the main allegation is against the co-accused person. It is then submitted that the petitioners undertake to jointly pay Rs.10,000/- to the informant without prejudice to their defence in this case, subject to final decision of the case and undertake to cooperate with the investigation 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.10,000/- drawn in favour of informant without prejudice to their defence in this case, subject to final decision of the case 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 C.J.M., Latehar, in connection with Balumath P.S. Case No.241 of 2021 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 numbers and a copy of their Aadhar Cards in the court below with the undertaking that they will not change their mobile numbers 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 aforesaid demand draft, 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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At the time of conclusion of the trial, the trial court will pass appropriate order regarding the money, if any, deposited by the petitioners with the informant in connection with this case.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Rakesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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