Awadh Thakur Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Awadh Thakur Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail application dismissed as withdrawn qua applicant No.1 (Awadh Thakur) with liberty to seek regular bail before the court below; anticipatory bail granted qua applicant No.2 (Pramila @ Usha @ Usha Devi), who is to surrender within two weeks and be released on a bail bond of Rs.10,000 with two sureties of like amount each to the satisfaction of the learned CJM, Giridih, subject to Section 438(2) CrPC conditions and to furnishing a self-attested Aadhaar Card copy and an active mobile number not to be changed during pendency.

Issue for consideration

Whether permission should be granted to applicant No.1 (Awadh Thakur) to withdraw the anticipatory bail application with liberty to approach the court below for regular bail, there being direct allegation against him for assaulting his father. +1 more

Court's answer

Permission is granted to applicant No.1 to withdraw the anticipatory bail application, and the application is dismissed as withdrawn with liberty to approach the court below for regular bail, so far as applicant No.1 is concerned.

Ratio / Principle

Considering that applicant No.2 is a lady and there is no specific allegation against her, the privilege of anticipatory bail is granted to applicant No.2 - Pramila @ Usha @ Usha Devi; she is directed to surrender before the court below within two weeks and, upon surrender, be released on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned CJM, Giridih, in connection with Sariya P.S. Case No.204 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Key takeaways

As a further condition, applicant No.2 shall submit a self-attested photocopy of her Aadhaar Card and her mobile number before the court below, keep the mobile number active, and not change it during pendency of the case without prior permission of the court.ratio¶17

Detailed headnote1 paragraphs

Anticipatory Bail — High Court of Jharkhand, A.B.A. No.10260 of 2023, arising out of Sariya P.S. Case No.204 of 2022, offences under Sections 323, 307, 452, 380 and 506 IPC: (i) the application of applicant No.1 (Awadh Thakur) was dismissed as withdrawn with liberty to seek regular bail before the court below, there being a direct allegation against him of assaulting his father; (ii) applicant No.2 (Pramila @ Usha @ Usha Devi), a lady against whom there was no specific allegation, was granted the privilege of anticipatory bail — she is to surrender within two weeks and be released on a bail bond of Rs.10,000 with two sureties of like amount each to the satisfaction of the learned CJM, Giridih, subject to the conditions under Section 438(2) CrPC; she is further to file a self-attested copy of her Aadhaar Card and keep an active mobile number unchanged during the pendency of the case. (Rajesh Kumar, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No.10260 of 2023

Awadh Thakur

Pramila @ Usha @ Usha Devi …. Applicant(s) Versus

The State of Jharkhand …. Opp. Party ----CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR -----For the Applicant(s) : Mr. R.L. Yadav, Advocate For the State : Ms. Vandana Bharti, A.P.P. ------

05/23.01.2024:

Learned counsel for the applicant (s) seeks permission to withdraw this anticipatory bail application so far as applicant No.1, is concerned, with a liberty to approach before the court below for grant of regular bail as there is direct allegation against him for assaulting his father.

Permission is granted.

Accordingly, this anticipatory bail application is dismissed as withdrawn with the liberty aforesaid, so far as applicant No.1 is concerned.

However, counsel for the applicant (s) is confining his prayer so far as applicant No.2- Pramila @ Usha @ Usha Devi is concerned.

Heard learned counsel for the applicant No.2 and learned A.P.P. for the State.

The applicant, who is an accused for the offence under Sections 323, 307, 452, 380 and 506 IPC, pray for anticipatory bail expressing apprehension of arrest in connection with Sariya P.S. Case No.204 of 2022.

Innocence has been claimed and undertaking has been given to co-operate with the Investigating Agency/Trial. It has been submitted that present applicant is a lady and there is no specific allegation against her. On the above basis, prayer for anticipatory bail has been made.

On the other hand, learned A.P.P. has opposed the prayer for anticipatory bail of applicant No.2.

Considering the fact that applicant No.2 is a lady and there is no specific allegation against her, I am inclined to grant privilege of anticipatory bail to applicant No.2- Pramila @ Usha @ Usha Devi. Accordingly, the applicant(s) above named is directed to surrender before the court below within two weeks from today and on her surrender, the applicant(s) be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand ) with two sureties of the like amount each to the satisfaction of the learned CJM, Giridih, in connection with Sariya P.S. Case No.204 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

10. Further the applicant(s) will submit self-attested photocopy of her Aadhaar Card(s) and also her mobile number(s) before the learned court below which she will always keep active and will not change it during pendency of this case without prior permission of the

court.

(Rajesh Kumar, J.)

Ravi/ Uploaed