Maya Kunwar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Maya Kunwar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all eight petitioners across A.B.A. Nos.1855, 1856 & 1857 of 2024 in connection with Ratu P.S. Case No.469 of 2023: upon arrest or surrender before the court below within three weeks, release on bail bond of Rs.20,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Ratu P.S. Case No.469 of 2023 (registered under Sections 467/468/471/419/420/406/120B IPC), should be granted anticipatory bail. +1 more

Court's answer

In the event of arrest or surrender before the court below within three weeks, each petitioner shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ranchi, in connection with Ratu P.S. Case No.469 of 2023.

Ratio / Principle

Considering that the petitioners and opposite party no.2 have amicably settled the present dispute in mediation at JHALSA, Ranchi (settlement dated 25th October 2024, appended to the Mediator's report letter no.3385A dated 26th October 2024), the Single Judge was inclined to enlarge the petitioners on anticipatory bail.

Key takeaways

The release on anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶40

Detailed headnote1 paragraphs

Anticipatory bail granted — High Court of Jharkhand at Ranchi, Order No.10 dated 12.11.2024 (Rajesh Shankar, J.) in A.B.A. Nos.1855, 1856 & 1857 of 2024 heard together. Eight petitioners across three connected applications apprehended arrest in Ratu P.S. Case No.469 of 2023, registered under Sections 467/468/471/419/420/406/120B of the Indian Penal Code, 1860. Counsel for both sides jointly reported that the dispute with opposite party no.2 (Jitendra Singh) had been amicably settled in mediation at JHALSA, Ranchi, the settlement dated 25th October 2024 being appended to the Mediator's report (letter no.3385A, dated 26th October 2024). On that basis the court enlarged the petitioners on anticipatory bail: upon arrest or surrender before the court below within three weeks, release on bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.1855 of 2024

Maya Kunwar, W/o Late Kamlesh Sah

Parwati Kunwar, W/o Late Narayan Sah

Lilawati Kunwar, W/o Late Sudama Sah All are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

-Versus-

The State of Jharkhand

Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

With

A.B.A. No.1856 of 2024

Krishna Kumar, S/o Late Sudama Sah

Kaushal Kumar, S/o Late Kamlesh Sah Both are R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar). .......... Petitioners.

-Versus-

The State of Jharkhand

Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

With

A.B.A. No.1857 of 2024

Ramashankar Gupta

Ram Pravesh Gupta

Rakesh Kumar All are sons of Late Narayan Sah, R/o village-Muradabad, P.O. & P.S.-Sasaram, District-Rohtas (Bihar)

.......... Petitioners.

-Versus-

The State of Jharkhand

Jitendra Singh, S/o Late Anutha Singh, R/o Jeshu Tower, Dibdih, P.O.-Doranda, Office Adress-J.K. International Public School, Agru, P.S. Ratu, District-Ranchi.

.......... Opp. Parties.

CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR

----For the Petitioners : Mr. Vishal Kumar Tiwari, Advocate For the State : Mr. Vineet Kr. Vashistha, A.P.P. Ms. Priya Shrestha, A.P.P. Mr. Fahad Allam, A.P.P. For the O.P. No.2 : Mr. Amlan Palit, Advocate

Date: 12.11.2024

Order No.10

The petitioners are apprehending their arrest in connection with Ratu P.S. Case No.469 of 2023 registered under Sections 467/468/471/419/420/406/120B of the Indian Penal Code, 1860.

It is jointly submitted by learned counsel for the petitioners and the opposite party no.2 that the present dispute between both the parties has amicably been settled at JHALSA, Ranchi. The terms and conditions of the settlement dated 25^th October, 2024 has been appended with the report of the Mediator, JHALSA, Ranchi as contained in letter no.3385A, dated 26^th October, 2024.

Having heard learned counsel for the parties and considering that the petitioners and the opposite party no.2 have amicably settled the present dispute in mediation proceeding at JHALSA, Ranchi as per the terms and conditions of settlement dated 25^th October, 2024, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners, above named, in the event of their arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class,

-2-

A.B.A. Nos.1855, 1856 & 1857 of 2024

Ranchi in connection with Ratu P.S. Case No.469 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Shankar, J.)

Vikas/

-3-

A.B.A. Nos.1855, 1856 & 1857 of 2024