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Prakash Marandi v. the State of Jharkhand

Jharkhand HC24 Apr 2024A.B.A./41/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted; High Court of Jharkhand at Ranchi; A.B.A. No. 41 of 2024; Borio P.S. Case No. 132 of 2023; offence under sections 376 IPC; joint compromise petition Annexure-2; false case lodged on instigation of somebody; informant concession; Section 438(2) CrPC conditions; bail bonds Rs. 25,000 with two sureties of like amount; Judicial Magistrate Ist Class Sahibganj; surrender within three weeks; condition not to change Aadhar mobile number; Sanjay Kumar Dwivedi, J.; 24.04.2024.

What did the court decide?

Anticipatory bail: petitioner to surrender within three weeks and, on surrender/arrest, be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions and not changing the Aadhar-indicated mobile number. ¶16

Prakash Marandi 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 Borio P.S. Case No. 132 of 2023 registered under sections 376 of I.P.C., is entitled to anticipatory bail. +1 more

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Court's answer

Considering the compromise on record — in which the informant stated that the petition was filed on somebody's instigation in presence of her father and mother before the learned court — the Court granted anticipatory bail to the petitioner.

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Ratio / Principle

Petitioner directed to surrender before the learned court within three weeks; on surrender/arrest he is to be released on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each.

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Key takeaways

Release is subject to the conditions laid down under Section 438(2) CrPC and a further condition that the petitioner will not change his mobile number which is indicated in his Aadhar.ratio¶16

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — grant of. Petitioner apprehending arrest in Borio P.S. Case No. 132 of 2023, registered under sections 376 of I.P.C., pending before learned Judicial Magistrate, Ist Class, Sahibganj. Informant had stated in a joint compromise petition (Annexure-2) that the case was lodged on the instigation of somebody, and that she filed it in presence of her father and mother before the learned court; counsel for the State and for the informant conceded the compromise. Considering the compromise on record, the Court granted anticipatory bail: petitioner to surrender within three weeks and, on surrender/arrest, be released on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC and a further condition that he will not change the mobile number indicated in his Aadhar. (Sanjay Kumar Dwivedi, J.; decided 24.04.2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No.41 of 2024

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Petitioner

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Versus

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The State of Jharkhand & Anr.

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.…. … Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :Mr. Ashok Kumar No. (4), Advocate For the State : Mr. Praful Jojo, A.P.P. For the O.P. No.2 : Mr. Himanshu Shekhar Pandey, Advocate

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05/ 24.04.2024 : Pursuant to order dated 12.02.2024, Mr. Himanshu Shekhar

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Pandey, learned counsel appeared on behalf of informant.

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Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.

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The petitioner is apprehending his arrest in connection with Borio P.S. Case No. 132 of 2023, registered under sections 376 of I.P.C, pending in the Court of learned Judicial Magistrate, Ist Class, Sahibganj.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He submits that informant has accepted in the joint compromise petition contained in annexure-2 that on the instigation of somebody this false case has been lodged.

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Learned counsel for the State submits that compromise is there.

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Learned counsel for the informant submits that on the instigation of somebody the informant has filed the present case.

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Considering that compromise is on record wherein it has been stated by the informant that the said petition was filed in presence of her father and mother before the learned court, I am inclined to grant 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 his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, Ist Class, Sahibganj, in connection with Borio P.S. Case No. 132 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner will not change his mobile number which is indicated in his Aadhar.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi-

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Prakash Marandi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Prakash Marandi 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

Statutes considered

Procedural history

Parties & counsel

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