Dismissed¶7

Bishnu Pradhan v. the State of Jharkhand

Jharkhand HC13 Mar 2024A.B.A./137/2024

Case brief

AI extract

What is this about?

A.B.A. No. 137 of 2024; High Court of Jharkhand at Ranchi; Justice Sanjay Kumar Dwivedi; Bishnu Pradhan versus State of Jharkhand; anticipatory bail rejected; R.I.T. P.S. Case No.93 of 2023; S.D.J.M. Seraikella; IPC Sections 341, 324, 325, 307, 354(B), 509, 427, 506, 34; assault on woman aged about 60 years; injury over occipital region; pressing neck; outrage of modesty; forged Annexure-2; Annexure-A counter affidavit; Mani Ram Mahto Parshad; R.I.T. Police Station Adityapur; informant; Rajesh Kumar advocate; Bishambhar Shastri A.P.P.; Dilip Kumar Chakraverty advocate; decided 13.03.2024.

What did the court decide?

The Court finds direct allegation against the petitioner of assaulting the informant, who is aged about 60 years and has sustained injury over her occipital region. ¶6

Bishnu Pradhan Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶7

Issue for consideration

Whether the petitioner, apprehending arrest in connection with R.I.T. P.S. Case No.93 of 2023, should be granted the privilege of anticipatory bail. +1 more

¶3

Court's answer

The Court finds direct allegation against the petitioner of assaulting the informant, who is aged about 60 years and has sustained injury over her occipital region.

¶6

Ratio / Principle

There is further allegation against the petitioner of pressing the neck and outraging the modesty of the informant.

¶6

Key takeaways

Per Annexure-A brought on record through the informant's counter affidavit, the document annexed at Annexure-2 of the application is stated to be forged, for which Mani Ram Mahto, the Parshad, filed an application with affidavit before the concerned police station.ratio¶6
In the attending facts and circumstances of the case, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner and rejects his prayer for anticipatory bail.ratio¶7

Detailed headnote1 paragraphs

Anticipatory bail refused — A.B.A. No. 137 of 2024 (High Court of Jharkhand at Ranchi; Sanjay Kumar Dwivedi, J.; decided 13.03.2024). Bishnu Pradhan, apprehending arrest in R.I.T. P.S. Case No.93 of 2023 (Sections 341/324/325/307/354(B)/509/427/506/34, Indian Penal Code), pending before the learned S.D.J.M., Seraikella, sought the privilege of anticipatory bail. Counsel for the informant contended that Annexure-2 of the application was a forged document, supported by Annexure-A filed with a counter affidavit — an application with affidavit submitted by Mani Ram Mahto, the Parshad, to the Officer-in-Charge, R.I.T. Police Station, Adityapur. Finding direct allegations that the petitioner assaulted the informant, a lady aged about 60 years who sustained injury over her occipital region, together with allegations of pressing her neck and outraging her modesty, and noting that Annexure-2 was stated to be forged, the Court declined to extend the privilege of anticipatory bail and rejected the prayer.

¶1

1 A.B.A. No. 137 of 2024

¶2

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶3

A.B.A. No. 137 of 2024

¶4

Bishnu Pradhan … Petitioner

¶5

-Versus-

¶6

The State of Jharkhand … Opposite Party

¶7

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶8

For the Petitioner : Mr. Rajesh Kumar, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. For the Informant : Mr. Dilip Kumar Chakraverty, Advocate -----

¶9

05/13.03.2024 Heard Mr. Rajesh Kumar, learned counsel for the petitioner, Mr. Bishambhar Shastri, learned counsel for the State and Mr. Dilip Kumar Chakraverty, learned counsel for the informant.

¶10

The petitioner is apprehending his arrest in connection with R.I.T. P.S. Case No.93 of 2023, registered for the alleged offence under Section 341/ 324/325/307/354(B)/509/427/506/34 of the Indian Penal Code, pending in the Court of the learned S.D.J.M., Seraikella.

¶11

Learned counsel for the petitioner submits that the petitioner is innocent and falsely the case has been lodged against the petitioner. He submits that there is no injury and there are case and counter case. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

¶12

Learned counsel for the State opposed the prayer on the ground that there are direct allegations against the petitioner.

¶13

Learned counsel for the informant submits that Annexure-2 is the forged document. He further submits that counter affidavit has been filed on behalf of the informant, wherein, Annexure-A has been annexed which is the document addressed to the Officer-in-Charge of R.I.T. Police Station, Adityapur by Mani Ram Mahto stating therein that the document annexed at

¶14

¶15

A.B.A. No. 137 of 2024

¶16

Annexure-2 of this application is forged one and application with affidavit with that regard has been submitted before the Officer-in-Charge of R.I.T. Police Station, Adityapur.

¶17

In view of the above, the Court finds that there is direct allegation against the petitioner of assaulting the informant and the informant who is aged about 60 years, has sustained injury over her occipital region. Further, there is allegation of pressing the neck and outraging modesty of the said lady. Annexure-A has been brought on record by way of filing counter affidavit by the informant, wherein, it is stated that the document annexed at Annexure-2 of this application is forged one and for that Mani Ram Mahto, who is the Parshad, has filed an application with affidavit before the concerned police station.

¶18

In the attending facts and circumstances of the case, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Hence, his prayer for anticipatory bail is rejected.

¶19

(Sanjay Kumar Dwivedi, J.)

¶20

Ajay/

Bishnu Pradhan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Bishnu Pradhan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sonu Kumar Alias Sonu Kumar Ram Vs the State of Jharkhand

Amit Kumar Alias Amit Agrawal Vs the State of Jharkhand

Kishori Bhuiyan Vs the State of Jharkhand

Surojit Mohanty Alias Sujit Mohanty Vs the State of Jharkhand

Bhola Ghosh Vs the State of Jharkhand

Shankar Singh Alias Shankar Kumar Vs the State of Jharkhand