Allowed¶14

Himanshu Kumar v. the State of Jharkhand

Jharkhand HC4 Apr 2024A.B.A./560/2024

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; A.B.A. No. 560 of 2024; anticipatory bail allowed; Section 366 IPC; Giridih (T) P.S. Case No. 152/2023; victim's Section 164 CrPC statement — went on own volition, stayed in Delhi, returned; minor-girl objection met by consent evidence; students of Subhash Public School, Giridih; bail bond Rs.25,000/- with two like sureties; conditions of section 438(2) CrPC; Justice Sanjay Kumar Dwivedi; 04.04.2024.

What did the court decide?

Anticipatory bail granted: petitioner directed to surrender before the learned court within three weeks; on surrender/arrest, to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Giridih, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Himanshu Kumar 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 anticipatory bail should be granted to the petitioner who is apprehending arrest in Giridih (T) P.S. Case No. 152/2023 registered under Section 366 of the Indian Penal Code. +1 more

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Court's answer

In the attending facts and circumstances, the court was inclined to grant the privilege of anticipatory bail to the petitioner.

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Ratio / Principle

Considering that the petitioner and the victim are both students of Subhash Public School, Giridih, and that the victim stated under Section 164 Cr.P.C. that she went on her own volition with the petitioner, lived with him in Delhi and thereafter returned back, the court answered the State counsel's objection that the girl was minor and treated the departure as voluntary.

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Key takeaways

Operative directions: petitioner directed to surrender before the learned court within three weeks, and in the event of his surrender/arrest to be released 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 Chief Judicial Magistrate, Giridih, in connection with Giridih (T) P.S. Case No. 152/2023, subject to the conditions laid down under section 438(2) CrPC.ratio¶14

Detailed headnote1 paragraphs

A.B.A. No. 560 of 2024 (High Court of Jharkhand, Ranchi; Sanjay Kumar Dwivedi, J.; dated 04.04.2024) — Anticipatory bail granted to Himanshu Kumar apprehending arrest in Giridih (T) P.S. Case No. 152/2023 (Section 366 IPC), pending before the Chief Judicial Magistrate, Giridih. Basis: petitioner and victim are both students of Subhash Public School, Giridih, and the victim's statement under Section 164 Cr.P.C. records that she went with the petitioner on her own volition, lived with him for some time in Delhi and returned — answering the State counsel's objection that the girl was minor. Terms: surrender within three weeks; on surrender/arrest, release on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to the conditions of section 438(2) CrPC.

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IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 560 of 2024

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Himanshu Kumar .... Petitioner

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-- Versus -- The State of Jharkhand .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Vijay Kumar Roy, Advocate For the State :- Mr. Arup Kr. Dey, Advocate ----

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05 /04.04.2024 Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

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The petitioner is apprehending his arrest in connection with Giridih (T) P.S. Case No. 152/2023, for the offence registered under Section 366 of Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Giridih.

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Learned counsel for the petitioner submits that the petitioner and the victim both are the student of Subhash Public School, Giridih and they were in friendship and voluntarily both have left for Delhi and resided there for some time and thereafter returned back.

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Learned State counsel opposed the prayer on the ground that the girl was minor.

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Considering that both are the student of Subhash Public School, Giridih and the victim has stated under Section 164 Cr.P.C. that she has gone on her own volition along with the petitioner and they have live together for some time in Delhi and thereafter they have returned back.

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In the attending facts and circumstances, I am inclined to provide privilege of anticipatory bail to the petitioner.

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Accordingly, the petitioner, above named, is hereby directed to surrender before the learned court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Giridih, in connection with Giridih (T) P.S. Case No. 152/2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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Himanshu Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Himanshu Kumar 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

Coram

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