Jharkhand High Court
Mayank Kumar Singh vs The State Of Jharkhand on 18 March, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1608 of 2020
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Mayank Kumar Singh ... Petitioner
Versus
1. The State of Jharkhand
2. Kanhaiya Singh ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Vishnu Kr. Mahto, Advocate
For the State : Mr. N.K. Ganjhu, Addl. P.P.
For the O.P. No.2 : Mr. Anurag Kahsyap, Advocate
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Order No.03 Dated- 18.03.2020
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Hussainabad Mahila P.S. Case No.10 of 2019 registered under sections 498A/406/120B/34 of the Indian Penal Code and under section 3/4 of the D.P. Act.
Heard the parties.
The Learned counsel for the petitioner submits that the allegations against the petitioner are false and are general and omnibus in nature. It is further submitted that the petitioner is ready and willing to pay Rs.8,20,000/- by way of installment as ad interim victim compensation to the informant-opposite party no.2 without prejudice to his defence in this case and 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. and the learned counsel for the opposite party no.2 opposes the prayer for grant of anticipatory bail.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned S.D.J.M., Palamau at Daltonganj within two months from today and in the event of his arrest or surrendering, he will be enlarged on bail provisionally for a period of two months from the date of his surrender on depositing a demand draft of Rs.2,20,000/- drawn in favour of the informant- opposite party No.2 and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Palamau at Daltonganj, in connection with Hussainabad Mahila P.S. Case No.10 of 2019 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. In case the petitioner deposits further demand draft of Rs.2,00,000/- within the period for which the provisional bail is granted, then the provisional bail shall be extended for further two months from the date of his deposit by the trial court and for deposit of each demand draft of Rs.2,00,000/- within the period for which the provisional bail is granted, then the provisional bail shall be extended for further two months from the date of his deposit by the trial court. Accordingly, on depositing the last demand draft of Rs.2,00,000/- drawn in favour of the informant-opposite party No.2 thereby completing payment of the total amount of Rs.8,20,000/- on or before six months from the date of his surrender in the learned court below, the provisional bail granted to the petitioner shall be confirmed by the trial court till disposal of the case.
It is made clear that in case of failure of the petitioner to deposit any of the installments as mentioned above, the provisional bail granted to him shall stand cancelled and the trial court will take appropriate steps for his apprehension for facing the trial.
In case the petitioner deposits the said demand drafts, the court below is directed to issue notice to the informant-opposite party No.2- and on his proper identification, the court below shall handover the same to him forthwith.
In case the petitioner deposits Rs.8,20,000/- in favour of the informant-opposite party No.2, the same shall be adjusted towards maintenance, if any or full and final settlement, if any, between the parties.
Sonu- (Anil Kumar Choudhary, J.)