Allowed¶7

Mahendra Murmu v. the State of Jharkhand

Jharkhand HC10 May 2024A.B.A./235/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed by Jharkhand High Court (Single Bench, Sanjay Kumar Dwivedi, J.) in A.B.A. No. 235 of 2024, Mahendra Murmu v. The State of Jharkhand & Anr., arising from Complaint Case No. 82 of 2022 under Sections 323, 498A, 379, 504, 34 IPC pending before JMFC, Madhupur; bail bond Rs. 25,000/- with two like sureties; conditions under section 438(2) CrPC; matrimonial reconciliation direction (petitioner to take wife home from court on 15.05.2024). Keywords: ABA, anticipatory bail, 498A IPC, J.M.F.C. Madhupur, Jharkhand.

What did the court decide?

Anticipatory bail granted: petitioner to surrender before the learned Court within three weeks and, upon surrender/arrest, be released on bail on a bond of Rs. 25,000/- with two like sureties to the satisfaction of learned J.M.F.C., Madhupur, subject to section 438(2) CrPC conditions.

Mahendra Murmu Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Complaint Case No. 82 of 2022 (Sections 323, 498A, 379, 504 and 34 IPC) pending before the learned J.M.F.C., Madhupur, is entitled to the privilege of anticipatory bail.

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Court's answer

The Court extended the privilege of anticipatory bail to the petitioner in connection with Complaint Case No. 82 of 2022.

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Ratio / Principle

Petitioner directed to surrender before the learned Court within three weeks; in the event of surrender/arrest, to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Madhupur, subject to conditions under section 438(2) of the Code of Criminal Procedure.

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Key takeaways

Operative arrangement recorded: petitioner to surrender before the learned Court on 15th May, 2024, on which day opposite party No.2 would also remain present before the Court where the matter is pending, and the petitioner would take her to his own house.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail — Mahendra Murmu v. State of Jharkhand (Jharkhand HC, Ranchi, A.B.A. No. 235 of 2024, Sanjay Kumar Dwivedi, J., 10.05.2024): Petitioners apprehended arrest in Complaint Case No. 82 of 2022 under Sections 323, 498A, 379, 504 and 34 IPC pending before learned J.M.F.C., Madhupur. On the submissions of counsel for the petitioner (husband) and opposite party No.2 (wife), who consented to reconciliation, the Court granted the privilege of anticipatory bail: petitioner to surrender before the learned Court within three weeks and, on surrender/arrest, to be released on a bail bond of Rs. 25,000/- with two sureties of like amount each, subject to the conditions under section 438(2) CrPC. The Court further directed that the petitioner surrender on 15th May 2024, when opposite party No.2 would also appear, and that he take her to his own house.

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IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 235 of 2024

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Mahendra Murmu .... Petitioner

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-- Versus -- The State of Jharkhand & Anr. .... Opposite Parties

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---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioner :- Mr. Lalit Yadav, Advocate For the State :- Mr. Sanat Kumar Jha, Advocate For the O.P. No.2 :- Mr. Lakhan Chandra Roy, Advocate ----

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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04 /10.05.2024 Heard the parties.

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2. The petitioner is apprehending his arrest in connection with Complaint Case No. 82 of 2022, for the offence registered under Sections 323, 498A, 379, 504 and 34 of the Indian Penal Code, pending in the Court of learned J.M.F.C., Madhupur.

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3. Learned counsel appearing for the petitioner submits that that the petitioner is the husband of opposite party No.2 and he is ready to keep his wife with all dignity. He submits that from the Court itself, the petitioner will take her to his own house.

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4. Learned counsel appearing for the opposite party No.2 submits that the opposite party No.2 is ready to go along with the petitioner, if she is being kept with all dignity.

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5. In view of the above submission of learned counsel for the petitioner and learned counsel for the opposite party No.2, the petitioner is directed to surrender before the learned Court on 15^th

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--1--

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A.B.A. No. 235 of 2024

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May, 2024 and on that day the opposite party No.2 will also remain before the learned Court where the matter is pending and the petitioner will take her to his own house.

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6. In the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Madhupur, in connection with Complaint Case No. 82 of 2022, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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--2--

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A.B.A. No. 235 of 2024

Mahendra Murmu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Mahendra Murmu v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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