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

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

What the court decided

AI extract

Outcome

Anticipatory bail extended to both petitioners in C.P. Case No.295/2019 upon surrender within three weeks; release on a bail bond of Rs.25,000/- each with two sureties of like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Dhanbad or successor Court, subject to Section 438(2) CrPC conditions and with directions not to change their Aadhaar-indicated mobile numbers.

Issue for consideration

Whether anticipatory bail should be extended to the petitioners, who apprehend arrest in C.P. Case No.295/2019 (Sections 420, 323, 120(B), 406 IPC) pending before the Judicial Magistrate, 1st Class, Dhanbad, arising out of a flat-sale agreement/EMI dispute with a case-and-counter-case situation between the parties.

Court's answer

The court observes that, in the above background, there are case and counter case between the parties.

Ratio / Principle

Having regard to the facts of the case, the court is inclined to extend the privilege of anticipatory bail to the petitioners.

Key takeaways

The petitioners are directed to surrender before the learned Court within three weeks, and in the event of their arrest or surrender they are to be enlarged on bail on furnishing a bail bond of Rs.25,000/- each.ratio¶18
Each petitioner is to furnish two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Dhanbad (or successor Court) in connection with C.P. Case No.295/2019.ratio¶18
The enlargement on bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, and the petitioners shall not change the mobile numbers indicated in their Aadhaar.

Detailed headnote1 paragraphs

Anticipatory Bail Application (A.B.A. No. 39 of 2023, decided 25.01.2024) before the High Court of Jharkhand at Ranchi (Sanjay Kumar Dwivedi, J.). Petitioners Anita Kumar and Arvind Kumar apprehended arrest in C.P. Case No.295/2019 under Sections 420, 323, 120(B) and 406 of the Indian Penal Code, pending before the learned Judicial Magistrate, 1st Class, Dhanbad. Counsel for the petitioners traced the matter to an agreement for sale of the petitioners' flat to the complainant, a tenant against whom the petitioners had filed H.R.C. (Eviction) Suit No.31/2019 under Section 11(1)(d) of the Jharkhand Building Control Act, 2011; counsel for opposite party no. 2 countered that fixed EMIs were unpaid and the amount had not been returned. Noting a case-and-counter-case situation, the Court extended the privilege of anticipatory bail: the petitioners were directed to surrender within three weeks and, on arrest or surrender, to be enlarged on bail on a bond of Rs.25,000/- each with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Dhanbad or successor Court, subject to Section 438(2) CrPC conditions, and barred from changing the mobile numbers indicated in their Aadhaar. Petition disposed of accordingly.

1 A.B.A. No. 39 of 2023

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 39 of 2023

Anita Kumar

Arvind Kumar … Petitioners

-Versus-

The State of Jharkhand

Rajesh Kumar Sharma … Opposite Parties

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioners : Mr. Pratiush Lala, Advocate For the Opposite Party-State : Mr. Sunil Kumar Dubey, A.P.P. For O.P. No.2 : Mr. Shekhar Prasad Sinha, Advocate

04/25.01.2024 Heard Mr. Pratiush Lala, learned counsel for the petitioners, Mr. Sunil Kumar Dubey, learned counsel for the State and Mr. Shekhar Prasad Sinha, learned counsel for opposite party no.2.

The petitioners are apprehending their arrest in connection with

C.P. Case No.295/2019, registered under Section 420, 323, 120(B), 406 of the Indian Penal Code, pending in the court of the learned Judicial Magistrate, 1^st Class, Dhanbad.

Learned counsel for the petitioners submits that the allegations are made that the complainant has entered into an agreement with the petitioners for purchase of flat of the petitioners. He submits that the complainant was his tenant and he was residing in the flat and for that, he has filed H.R.C. (Eviction) Suit No.31/2019 for eviction of flat under Section 11(1)(d) of the Jharkhand Building Control Act, 2011. He submits that thereafter the present case has been filed.

Learned counsel for the opposite party no.2 submits that agreement was entered and EMIs was fixed, however, the said EMIs was not paid and the petitioners have not returned the amount to opposite party no.2.

2 A.B.A. No. 39 of 2023

In the above background, it appears that there are case and counter case between the parties.

Regard being had to the facts of the case, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the abovenamed petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their arrest or surrender, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Dhanbad or successor Court in connection with C.P. Case No.295/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioners will not change their mobile numbers, which are indicated in their Aadhar.

Accordingly, this petition stands disposed of.

(Sanjay Kumar Dwivedi, J.)

Ajay/