Krishna Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

Krishna Kumar Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners of A.B.A. Nos.1855, 1856 & 1857 of 2024: on arrest or surrender before the court below within three weeks, release on bail on a personal bond of Rs.20,000/- each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Ranchi, in connection with Ratu P.S. Case No.469 of 2023, subject to the conditions of Section 438(2) of the Cr.P.C.

Issue for consideration

Whether the petitioners, who are apprehending arrest in connection with Ratu P.S. Case No.469 of 2023 registered under Sections 467/468/471/419/420/406/120B IPC 1860, should be enlarged on anticipatory bail in view of the amicable settlement of the dispute with opposite party no.2 in mediation proceeding at JHALSA, Ranchi.

Court's answer

Having heard learned counsel for the parties and considering the amicable settlement reached in mediation at JHALSA, Ranchi, the Judge decided he was inclined to enlarge the petitioners on anticipatory bail.

Ratio / Principle

In the event of arrest or surrender before the court below within three weeks from the date of this order, the petitioners 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 1st Class.

Key takeaways

The anticipatory bail grant applies before the learned Judicial Magistrate 1st Class, Ranchi, in connection with Ratu P.S. Case No.469 of 2023, and is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶40

Detailed headnote1 paragraphs

High Court of Jharkhand at Ranchi (Rajesh Shankar, J., Order No.10, dated 12.11.2024) granted anticipatory bail in three linked applications, A.B.A. Nos.1855, 1856 & 1857 of 2024, filed by eight petitioners (Maya Kunwar, Parwati Kunwar, Lilawati Kunwar, Krishna Kumar, Kaushal Kumar, Ramashankar Gupta, Ram Pravesh Gupta and Rakesh Kumar) who were apprehending 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. The grant rested on the amicable settlement of the dispute between the petitioners and opposite party no.2 (Jitendra Singh) in mediation proceeding at JHALSA, Ranchi, whose terms dated 25 October 2024 were appended to the Mediator's report in letter no.3385A dated 26 October 2024. On arrest or surrender before the court below within three weeks, the petitioners are to be released on bail on a 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 1st Class, Ranchi, subject to the conditions 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/

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