Abha Mahato Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Abha Mahato Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted — petitioner to surrender before the concerned Court below within three weeks and, upon surrender, be released on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Chandil, in connection with Ichagarh P.S. Case No. 05/2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Ichagarh P.S. Case No. 05/2024 registered under Sections 414/34 IPC, is entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on anticipatory bail.

Ratio / Principle

The petitioner is directed to surrender before the concerned Court below within a period of three weeks.

Key takeaways

Upon surrender within the stipulated period, the petitioner shall be released on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Chandil, in connection with Ichagarh P.S. Case No. 05/2024, subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail — Petitioner, wife of the deceased owner of a tractor allegedly found loaded with 100 cft. of illegal sand, apprehending arrest in Ichagarh P.S. Case No. 05/2024 under Sections 414/34 IPC — She had already responded to notice issued under Section 41(A) Cr.P.C. and undertook to cooperate in the ongoing investigation — Held, petitioner enlarged on anticipatory bail; directed to surrender before the concerned Court below within three weeks and to be released on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Chandil, subject to conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 3911 of 2024

Abha Mahato ….. Petitioner

Versus

The State of Jharkhand ….. Opposite Party

CORAM

HON’BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner: Mr. Abhishek Kr. Dubey For the State: Mr. S. K. Mahto, A.P.P

05/01.08.2024 Heard learned counsel for the parties.

The petitioner apprehending her arrest in connection with the case registered under Sections 414/34 IPC has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. She happens to be the wife of the deceased owner of the tractor bearing registration no. JH-05-BM-6333 which was allegedly found loaded with 100 cft. of illegal sand. On perusal of the seizure list prepared in this regard, it would be evident that no sand was found loaded on the said vehicle. The petitioner has already responded the notice issued to her under Section 41(A) Cr.P.C. She also undertakes to cooperate in the ongoing investigation. Hence, she may be given the privilege of anticipatory bail.

Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the above named petitioner is directed to surrender before the concerned Court below within a period of three weeks. If she surrenders before the Court below within the aforesaid period, she shall be released on bail on furnishing bail-bond of Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Chandil in connection

with Ichagarh P.S. Case No. 05/2024, subject to the conditions as laid down

under Section 438(2) Cr.P.C.

Satish/-

(RAJESH SHANKAR, J)