Allowed

Birja Mandal v. the State of Jharkhand

Jharkhand HC3 Oct 2023A.B.A./1316/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner in a rape case upon the stipulation of an amicable settlement between the parties and the victim's lack of grievance, subject to specified conditions for investigation cooperation.

What did the court decide?

Anticipatory bail granted subject to bail bond, sureties, cooperation with investigation, and appearance before Investigating Officer within six weeks.

Birja Mandal Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1316 of 2023

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Birja Mandal … Petitioner 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 Petitioner : Mr. Rahul Ranjan, Advocate For the State : Mr. Rajesh Kumar, Addl. P.P. For the Informant : Mr. Rohit Agarwal, Advocate : Mr. Arvind Kr. Choudhary, Advocate ------

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Order No.06 Dated- 03.10.2023

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Heard the parties.

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Khaga P.S. Case No.54 of 2022 registered under sections 376 of the Indian Penal Code.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed rape upon the prosecutrix. 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 informant, drawing attention of this Court to the interlocutory application no. 8338 of 2023 which is jointly supported by the affidavit of the petitioner and the victim, that therein it has been mentioned that the parties have amicably settled the matter during the pendency of this anticipatory bail application and the informantvictim has no grievance against the petitioner and there is no objection if the anticipatory bail is granted. It is next submitted that due to old enmity between the parties, this false case has been foisted as a revenge which is not supported by any medical evidence and because of settlement between the parties, the informant realized the facts, hence she does not want to proceed with the case. It is lastly submitted by the learned counsel for the petitioner that the petitioner undertakes to cooperate with the investigation of the

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case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

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Learned Addl. P.P appearing for the State submits that in view of compromise between the parties, he does not oppose the prayer for anticipatory bail of the petitioner.

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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 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 Judicial Magistrate -1^st Class, Madhupur, in connection with Khaga P.S. Case No.54 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.

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In view of disposal of this anticipatory bail application, the interlocutory application no. 8338 of 2023 stands disposed of.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Birja Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Birja Mandal v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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