Chitralekha Kuwar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Chitralekha Kuwar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to surrender before the learned court within three weeks and, in the event of surrender/arrest, to be released on bail on bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Nagar Untari P.S. Case No. 77 of 2023, should be granted anticipatory bail despite the allegation of assault.

Court's answer

Given that there is a case and counter case between the parties (who are next-door neighbours), there is no specific allegation as to who assaulted whom pursuant to which the victim received injury, and the allegations against all accused persons are general and omnibus, the court is inclined to grant anticipatory bail.

Ratio / Principle

Anticipatory bail is granted: the petitioners are directed to surrender within three weeks and, upon surrender/arrest, shall be released on bail on furnishing bail bonds of Rs. 25,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Cross-cases between neighbouring parties (petitioner no. 2 had lodged Nagar Untari P.S. Case No. 78 of 2023 against the informant, and the present FIR, Nagar Untari P.S. Case No. 77 of 2023 under Ss. 341, 323, 324, 307, 504, 506 and 34 IPC, was lodged by the informant on the same allegations); no specific allegation as to who assaulted whom pursuant to which the victim was injured; allegations against all accused general and omnibus. Petitioners directed to surrender within three weeks and, upon surrender/arrest, to be released on bail on bonds of Rs. 25,000/- each with two like sureties, subject to S. 438(2) CrPC conditions. (Sanjay Kumar Dwivedi, J.)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 465 of 2024

Chitralekha Kuwar

Sambhuji Saraswati @ Shambhujee Saraswati

...... … Petitioners

Versus

The State of Jharkhand . .…. … Opposite Party

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioners :Mr. Sanjay Kr. Pandey, Advocate For the State :Mr. Manoj Kr. Mishra, A.P.P.

05/ 02.05.2024 : Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Nagar Untari P.S. Case No. 77 of 2023, registered under sections 341, 323, 324, 307, 504, 506 and 34 of I.P.C., pending in the Court of learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa.

Learned counsel for the petitioners submits that petitioners and informant are next door neighbours and there is case and counter case between the parties. He submits that petitioner no. 2 has lodged Nagar Untari P.S. Case No. 78 of 2023 against the informant and present case has been lodged by the informant for the same allegation. He submits that allegations of assault is against all the accused persons and there is no specific allegation that who assaulted whom pursuant to which injury has been received by the victim.

Learned counsel for the State opposes the prayer on the ground that the allegation of assault is there.

Considering that there is case and counter case between the parties and there is no specific allegation that who assaulted whom pursuant to which injury has been received by the victim and there is general and omnibus allegation against all the accused persons, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the above named petitioners are directed to surrender before the learned Court within three weeks from today and in the event of their surrender / arrest, the petitioners shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Nagar Untari, Garhwa, in connection with Nagar Untari P.S. Case No. 77 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

( Sanjay Kumar Dwivedi, J.)

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