Puja Kumari Alias Puja Devi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Puja Kumari Alias Puja Devi Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner directed to surrender within three weeks; on arrest or surrender, to be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chatra, subject to conditions under Section 438(2) CrPC; pending I.A., if any, disposed of.

Issue for consideration

Whether anticipatory bail should be extended to the petitioner, who is apprehending arrest in connection with Itkhori P.S. Case No.31/2022 (offences under Sections 341, 323, 324, 325, 307, 506 and 34 IPC). +1 more

Court's answer

In deciding the anticipatory bail prayer, the court took into account that Akhilesh Yadav, against whom there is direct allegation of assault, had already been provided the privilege of anticipatory bail in A.B.A. No.11435 of 2022.

Ratio / Principle

As there is no allegation of assault against the petitioner, who is a lady, and the only allegation against her is that she handed over a sword to Akhilesh Yadav, the court was inclined to extend the privilege of anticipatory bail to her in the attending facts and circumstances.

Key takeaways

The petitioner was directed to surrender before the learned Court within three weeks and, in the event of her arrest or surrender, to be enlarged on bail on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Chatra, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.ratio¶13

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — High Court of Jharkhand at Ranchi, A.B.A. No. 253 of 2024 (Sanjay Kumar Dwivedi, J.). Petitioner Puja Kumari @ Puja Devi apprehended arrest in connection with Itkhori P.S. Case No.31/2022, registered for alleged offences under Sections 341, 323, 324, 325, 307, 506 and 34 of the Indian Penal Code, pending before the learned A.C.J.M., Chatra. Counsel argued there was a family altercation over share of a Bolero vehicle between brothers, no allegation of assault against the petitioner, a lady, and that Akhilesh Yadav, against whom assault was alleged, had already been granted anticipatory bail by a Coordinate Bench in A.B.A. No.11435 of 2022. The State opposed on the ground that the petitioner handed over a sword to Akhilesh Yadav; the victim's counsel adopted the State's argument. Considering the parity with Akhilesh Yadav and that the petitioner's sole alleged role was handing over the sword, the Court extended the privilege of anticipatory bail: surrender within three weeks, and on arrest or surrender, enlargement on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions. Pending I.A., if any, disposed of.

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 253 of 2024

Puja Kumari @ Puja Devi … Petitioner -Versus- The State of Jharkhand … Opposite Party -----

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner : Mrs. Archana Kumari Singh, Advocate For the State : Mr. Shailendra Kumar Tiwari, Spl.P.P. For the Victim : Mr. Anupam Anand, Advocate Mr. Pranav Kumar, Advocate

06/09.05.2024 Heard learned counsel for the petitioner, learned counsel for the State

and learned counsel for the victim.

The petitioner is apprehending her arrest in connection with Itkhori P.S. Case No.31/2022, registered for the alleged offence under Sections 341, 323, 324, 325, 307, 506 and 34 of the Indian Penal Code, pending in the Court of the learned A.C.J.M., Chatra.

Learned counsel for the petitioner submits that the petitioner is innocent and there is altercation between the family members with regard to share of Bolero vehicle between the brothers. She submits that there is no allegation of assault against the petitioner, who happened to be a lady. There is allegation of assault against one Akhilesh Yadav and he has been provided privilege of anticipatory bail by Coordinate Bench of this Court in A.B.A. No.11435 of 2022.

Learned counsel for the State opposed the prayer on the ground that the petitioner has handed over sword to Akhilesh Yadav.

Learned counsel for the victim adopted the argument of the learned counsel for the State.

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Considering that there is direct allegation against Akhilesh Yadav of assault and he has been provided privilege of anticipatory bail in A.B.A. No.11435 of 2022 and there is no allegation of assault against this petitioner, who happened to be a lady and only allegation is there against the petitioner that she has handed over sword to Akhilesh Yadav and in the attending facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner.

Accordingly, the above-named petitioner is directed to surrender before the learned Court within three weeks from today and in the event of her arrest or surrender, she will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Chatra in connection with Itkhori P.S. Case No. 31/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Pending I.A., if any, is disposed of.

(Sanjay Kumar Dwivedi, J.)

Ajay/

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