Petitioner sought anticipatory bail in Arrest case under Section 366A IPC involving child marriage allegations. Court granted bail subject to cooperation conditions and six-week prayer period.
Anticipatory bail granted subject to conditions of cooperation, appearance, and mobile number notification within six weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 11059 of 2022
Sanjay Yadav … Petitioner Versus The State of Jharkhand & Anr. … Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
------ For the Petitioner : Mr. Manoj Kr. Sah, Advocate For the State : Mr. V.S. Sahay, Addl. P.P. For O.P. No.2 : Mr. P.K. Choudhary, Advocate
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Order No.10 Dated- 05.10.2023
Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Pathargama P.S. Case No.52 of 2022 registered under sections 366A of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has enticed away the minor daughter of the informant for solemnization of marriage with her. It is further submitted that the allegations against the petitioner are all false. It is jointly submitted by the learned counsel for the petitioner and the learned counsel for the opposite party no.2 that in the counter affidavit, the informant has categorically admitted that the opposite party no.2-victim has married the petitioner on 05.03.2022 and the petitioner and the opposite party no.2 have been blessed with a daughter. It is then submitted that the victim is a major lady. It is next submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
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 petitioner be given the privilege of anticipatory bail.
Hence, in the event of his arrest or surrender within a period of six weeks from the date of this order, he 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 S.D.J.M., Godda, in connection with Pathargama P.S. Case No.52 of 2022 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish his mobile number and a copy of his Aadhar Card in the court below with the undertaking that he will not change his mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J . )
Sonu/Gunjan-
2 issues framed by the court
Whether petitioner is entitled to anticipatory bail in a case under Section 366A IPC alleging child marriage.
Whether conditions of bail can be framed on cooperation with investigation and mobile number undertaking.
2 provisions across 2 enactments
Sanjay Yadav
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
