The High Court Ranchi granted anticipatory bail to the petitioner after finding that the dispute leading to the criminal proceeding had been successfully mediated and settled amicably between the parties.
Anticipatory bail allowed subject to release on bail bond of Rs.25,000 with two sureties within two weeks of the order.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 2395 of 2022
Chandan Dutta . .... .. ... Petitioner(s) Versus 1.The State of Jharkhand. 2.Rakhi Kumari .. ... ...Opp. Party(s)
........... CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
......... For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Ms. Snehlika Bhagat, APP For the Informant : Mr. D. C. Mishra, Advocate
07/ 12.08.2022 . Apprehending his arrest, petitioner above-named has moved this Court for grant of privilege of anticipatory bail in connection with Dumka (Muffasil) P. S. Case No.149 of 2021 for the offence registered under Sections 323/ 504/ 506/ 498A /34 of the Indian Penal Code and under Sections 3 /4 of the D. P. Act.
Heard the parties.
It is submitted by learned counsel for the petitioner that the matter was earlier sent up before the JHALSA, Ranchi for mediation.
Perused the report sent by JHALSA, whereby, it appears that mediation has been successful between both the sides.
In view of the fact that dispute has been settled amicably between the parties, the anticipatory bail application is allowed in terms of settlement arrived between parties. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under Section 438(2) Cr. P.C.
The petitioner will cooperate in the investigation and will appear on notice under Section 41A of Cr. P.C. and comply with the condition(s) as laid down under Section 438(2) of the Cr. P.C.
( Gautam Kumar Choudhary, J. )
Sandeep/
2 issues framed by the court
Whether antecedency bail application can be granted after successful mediation between parties.
Whether the petitioner is entitled to release on bail after anticipated arrest if the dispute is settled amicably.
5 provisions across 3 enactments
Chandan Dutta
The State of Jharkhand
Rakhi Kumari
Gautam Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
