Partly allowed

Suka Bauri Alias Sukumar Bauri v. the State of Jharkhand

Jharkhand HC13 Jan 2023A.B.A./6853/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand granted anticipatory bail to the petitioner facing charges of outraging modesty under Section 354 IPC. The court directed surrender within four weeks and specified bail bond conditions.

What did the court decide?

Anticipatory bail granted; ordered to surrender within four weeks; bail bond of Rs. 20,000 with two sureties each of like amount.

Suka Bauri Alias Sukumar Bauri Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2023)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.6853 of 2022

¶2

------

¶3

Suka Bauri @ Sukumar Bauri .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Lakhi Bouri .... .... ....Opposite Parties ------

¶4

Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

¶5

-----For the Petitioner : Mr. Ashutosh Pd. Joshi, Advocate For the State : Mrs. Mohua Palit, Addl.P.P For the Informant : None ------

¶6

Order No.04 Dated- 13.01.2023

¶7

Heard learned counsel for the petitioner and learned Addl. P.P. appearing for the State.

¶8

From the record, it appears that the counter affidavit on behalf of the informant has already been filed but no one appeared on behalf of the informant.

¶9

Apprehending his arrest in connection with PCR Case No. 317 of 2019 instituted under Sections 354 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.

¶10

It is alleged that on 21.05.2019 while the complainant was returning from pond, the petitioner tried to outrage her modesty. It is further alleged that on the same day at 12:00 pm at night, the petitioner again came to the house of the complainant and forcibly opened the door of her house and began to assault her and tore her sari and blouse and threw her on the ground.

¶11

Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case with ulterior motive. It is further submitted that the husband of the complainant took friendly loan of Rs.10,000/- from the petitioner and when he demanded the said loan money back, he refused to return the loan amount and lodged this false case only to harass the petitioner. Petitioner has no criminal antecedents. Petitioner undertakes to co-operate with the trial of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.

¶12

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

¶13

Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jamtara in connection with PCR Case No. 317 of 2019 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶14

(Pradeep Kumar Srivastava, J.)

¶15

Pappu/

Suka Bauri Alias Sukumar Bauri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Suka Bauri Alias Sukumar Bauri v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bibek Kumar Jha Alias Vivek Jha Vs the State of Jharkhand

Sarvesh Kumar Singh Vs the State of Jharkhand

MD Amir Hamza Alias Amir Hamza Vs the State of Jharkhand

Kamad Upadhyay Alias Kamad Uppadhyay Vs the State of Jharkhand

Kamlesh Kumar Vs the State of Jharkhand

Nand Kishore Yadav Alias Binod Yadav Vs the State of Jharkhand