Renu Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Renu Devi Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Khunti, in connection with Khunti P.S. Case No. 172 of 2021 corresponding to G.R. No. 11 of 2024, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Khunti P.S. Case No. 172 of 2021 (G.R. No. 11 of 2024) under Sections 420, 467, 468, 469, 470, 471, 120-B and 34 IPC, is entitled to anticipatory bail.

Court's answer

Considering that the petitioner is a purchaser who bought the plot from the power of attorney holder of Geeta Jayasawal @ Gita Jaiswal @ Geeta Jaiswal, who and whose other co-accused had already been granted anticipatory bail by the co-ordinate bench, and in view of the attending facts and circumstances, anticipatory bail is granted to the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks, and in the event of her surrender/arrest she shall be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Khunti, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail — Applicant, a lady, apprehending arrest in Khunti P.S. Case No. 172 of 2021 (G.R. No. 11 of 2024) for offences under Sections 420, 467, 468, 469, 470, 471, 120-B and 34 IPC pending before learned CJM, Khunti — She purchased the land from power of attorney holder Sudhir Singh, who held the power of attorney of Geeta Jayasawal @ Gita Jaiswal @ Geeta Jaiswal — Said Gita Jaiswal already granted anticipatory bail in A.B.A. No. 9482 of 2023 and other co-accused in A.B.A. No. 1164 of 2022 by co-ordinate bench — Parity drawn; petitioner held entitled to anticipatory bail — Directed to surrender within three weeks; release on bail bonds of Rs. 25,000/- with two like sureties, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 1011 of 2024 Renu Devi ..... … Petitioner Versus The State of Jharkhand ..... … Opposite Party

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Vishal Kumar Rai, Advocate. For the State : Mr. Bishwambhar Shastri, A.P.P. ------

05/ 13.05.2024 Heard learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in connection with Khunti P.S. Case No. 172 of 2021 corresponding to G.R. No. 11 of 2024, registered for the alleged offence under Sections 420, 467, 468, 469, 470, 471, 120-B and 34 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Khunti.

Learned counsel appearing for the petitioner submits that the petitioner is a lady and she has purchased the land from the power of attorney holder Sudhir Singh and he was having the power of attorney of Geeta Jayasawal @ Gita Jaiswal @ Geeta Jaiswal. He submits that the said Gita Jaiswal has already been provided the privilege of anticipatory bail in A.B.A. No. 9482 of 2023 and other coaccused have also been provided the privilege of anticipatory bail in A.B.A. No. 1164 of 2022 by the co-ordinate bench.

Learned A.P.P. for the State has opposed the prayer on the ground that the allegations are there of purchasing the more area than of possession.

Considering that the petitioner is a purchaser and he has purchased the plot from the power of attorney holder of Geeta Jayasawal @ Gita Jaiswal @ Geeta Jaiswal, who has already been provided the anticipatory bail in A.B.A. No. 9482 of 2023 and other co-accused have also been provided the privilege of anticipatory bail in A.B.A. No. 1164 of 2022 by the co-ordinate bench and in view of the attending facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, she is directed to surrender before the learned court within three weeks from today and

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in the event of her surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twentyfive thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Khunti, in connection with Khunti P.S. Case No. 172 of 2021 corresponding to G.R. No. 11 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Amitesh/-

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