Dismissed

Rajeevkant Pandey Alias Chhotu Pandey v. the State of Jharkhand

Jharkhand HC6 Jul 2023A.B.A./1754/2023

Case brief

AI extract

What is this about?

Petitioner moved for anticipatory bail apprehending arrest in a case under Sections 452, 364, 354, 323, and 34 of IPC for alleged molestation and assault. Court rejected the prayer, citing serious allegations and rejection of similar bail for co-accused, directing surrender for regular bail application below.

What did the court decide?

Prayer for anticipatory bail rejected. Petitioner directed to surrender before court below for regular bail.

Rajeevkant Pandey Alias Chhotu Pandey Vs the State of… — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1754 of 2023

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Rajiv Kant Pandey @ Chhotu Pandey

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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-----For the Petitioner : Mr. S.K. Vishwakarma, Advocate For the State : Mr. Achinto Sen, Addl.P.P

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Order No.04 Dated- 06.07.2023

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Jharia P.S. Case No. 156 of 2022 instituted under Sections 452, 364, 354, 323 and 34 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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As per F.I.R., allegation is that accused persons forcibly entered into the house of the informant and accused Raja Paswan suddenly without any reason started abusing the informant and laid her down on earth and molested her. It is also alleged that petitioner along with others has assaulted her husband by legs and also extended threat of death to him.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the F.I.R. It is admitted that informant’s husband has taken loan from the coaccused Raja Paswan and was not returning the same and in order to avoid his liability of repayment, present false case has been instituted. It is submitted that no offence under Section 364 of the Indian Penal Code is attracted as per statement of the husband of the informant u/s 161 Cr.PC. who is alleged to be abducted in this case. Similarly there is no injury report of any of the injured persons and no independent witnesses have corroborated the prosecution story. It is lastly submitted that the petitioner has no criminal antecedents and undertakes to cooperate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submitted that the prayer of

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anticipatory bail of other co-accused persons has already been rejected by this Court in A.B.A. No.10743 of 2022 dated 28.03.2023 and there is direct and specific allegation of serious offence of trespassing the house of the informant at night by the petitioner and others and assaulting to inmates and also outraging the modesty of the informant and the informant has sustained injury. Hence, petitioner do not deserve anticipatory bail.

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Considering the facts and circumstances of this case and materials collected during the investigation of the case showing involvement of petitioner in commission of serious and heinous offence and rejection of anticipatory bail of other co-accused persons with similar allegation by this Court in A.B.A. No.10743 of 2022 dated 28.03.2023, I am not inclined to grant privilege of anticipatory bail to the petitioners, which stands rejected.

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Petitioner is directed to surrender before the court below and pray for regular bail, the learned court below shall consider the same on its own merits, without being prejudiced by this order.

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(Pradeep Kumar Srivastava, J.)

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Pappu/

Rajeevkant Pandey Alias Chhotu Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajeevkant Pandey Alias Chhotu Pandey v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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