Allowed

Sanipa Kharwar Alias Sarita Kharwar v. the State of Jharkhand

Jharkhand HC17 Nov 2022A.B.A./6828/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand dismissed the State's opposition and allowed the petitioner's anticipatory bail application filed in connection with a murder case (IPC Section 302/34). The petitioner was directed to surrender within two weeks subject to furnishing bail bonds and complying with Section 438 Cr.P.C. conditions.

What did the court decide?

Petitioner granted anticipatory bail directed to surrender within two weeks upon furnishing bail bond of Rs. 25,000 with two sureties.

Sanipa Kharwar Alias Sarita Kharwar Vs the… — Murder and Culpable Homicide | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 6828 of 2022

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------ Sanipa Kharwar @ Sarita Kharwar .... .... …. Petitioner Versus The State of Jharkhand .... .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Shekhar Prasad Gupta, Advocate For the State : Ms. Ruby Pandey, A.P.P.

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Oral Order 05/ Dated : 17.11.2022

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The anticipatory bail application filed on behalf of petitioner, who is apprehending her arrest in connection with S.T. No.297 of 2019 arising out of Garhwa P.S. Case No. 451 of 2018 corresponding to G.R. No.437 of 2019 for the offence registered under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act pending in the Court of learned Principal District & Sessions Judge, Garhwa, is pressed into motion.

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As per the prosecution case, on the intervening night of 03.11.2018, the maternal uncle of the informant named seven accused persons variously armed came and killed one Girish Kharwar. The genesis of the offence is that the accused persons had shot dead one Ansari in which Priyanka Devi was witness, who was also killed by them. In the case of murder, Priyanka Devi was the witness. This petitioner and another lady alleged to have come and made enquiry three days before the incidence. This petitioner is wife of one of the accused.

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It is submitted by the learned counsel on behalf of the petitioner that according to the police case, she was not present at the place of occurrence and at the time of incidence only role attributed to her is that she had come few days before she has come to make enquiry.

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Learned A.P.P. has opposed the prayer for bail.

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Considering the submissions made, the anticipatory bail application is allowed. Accordingly, the petitioner, above named, is directed to surrender before the learned Trial Court within a period of two weeks and in the event of her arrest or surrender, she shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the Court below, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The petitioner will co-operate in the investigation and will appear under Section 41A Cr.P.C. as and when required and comply with the condition as laid down under Section 438(2) of the Cr.P.C.

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(Gautam Kumar Choudhary, J . )

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Anit

Sanipa Kharwar Alias Sarita Kharwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sanipa Kharwar Alias Sarita Kharwar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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