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Jharkhand High Court

Rita Devi vs The State Of Jharkhand ... Opposite ... on 16 March, 2021

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
               A.B.A. No. 738 of 2021
                          ------
        Rita Devi                           ...              Petitioner
                                      Versus
       The State of Jharkhand               ...           Opposite Party
                                       ------

CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

------

For the Petitioner : Mr. S. Prasad, Advocate For the State : Mrs. Priya Shrestha, Addl. P.P.

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Order No.02 Dated- 16.03.2021 Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Sadar P.S. Case No.280 of 2020 registered under sections 341/323/324/ 307/504/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to murder the informant by assaulting him. It is further submitted that the allegations against the petitioner are false and the alleged injuries sustained by the victim are simple in nature. It is next submitted that the petitioner is ready and willing to pay Rs.5,000/- as ad interim victim compensation to the informant without prejudice to his defence in this case and undertakes that she will not annoy or disturb the informant or her family members in any manner during the pendency of the case and also undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on depositing a demand draft of Rs.5,000/- as ad interim victim compensation drawn in favour of informant and 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 C.J.M., Chatra, in connection with Sadar P.S. Case No.280 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case with further condition that she will not annoy or disturb the informant or her family members in any manner during the pendency of the case and other conditions as laid down under section 438 (2) Cr. P.C. In case, the petitioner deposits the ad interim victim compensation amount, the court below is directed to issue notice to the informant and hand over the said demand draft to her, after proper identification.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-