Allowed

Arpan Kumar v. the State of Jharkhand

Jharkhand HC12 May 2023A.B.A./346/2023

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner apprehending arrest in a case involving theft and outrage of modesty, subject to conditions including compensation, co-operation, and no-contact undertakings.

What did the court decide?

Petitioner granted anticipatory bail with directive to surrender within four months, deposit Rs. 30,000 compensation, furnish bail bond of Rs. 25,000 with two sureties, and abide by conditions of non-

Arpan Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A.B.A. No. 346 of 2023

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Arpan Kumar … Petitioner Versus The State of Jharkhand … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Baibhaw Gahlaut, Advocate For the State : Mr. S.K. Verma, Addl. P.P. ------

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Order No.05 Dated- 12.05.2023

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Heard the parties.

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Apprehending his arrest in connection with Marafari P.S. Case No. 45 of 2020 instituted under Sections 341, 323, 324, 325, 354, 379, 427, 506, 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

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Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner in furtherance of the common intention with the co-accused persons have committed theft of Rs.17,000/- and outraged the modesty of the informant. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of her family members in any manner and further undertakes that he will not go to or near the shop of the informant during the pendency of the case. It is next submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to pay ad interim victim compensation of Rs.30,000/- without prejudice to his defence in this case to the informant. It is lastly submitted that the co-accused persons has already been given the privilege of anticipatory bail by this Court vide order dated 23.12.2021 passed in A.B.A. No. 9648 of 2021. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail on the same terms and conditions.

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

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four months from today and in the event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.30,000/as ad interim victim compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bokaro in connection with Marafari P.S. Case No. 45 of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case with further condition that he will not annoy or disturb the informant or any of her family members in any manner and further undertakes that he will not go to or near the shop of the informant during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the court below shall handover the same to her forthwith.

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(Anil Kumar Choudhary, J . )

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Sonu-Gunjan/

Arpan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Arpan Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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