Jharkhand High Court
Sunil Kumar Samantaray vs The State Of Jharkhand .... .... .... ... on 13 November, 2019
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.7869 of 2019
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Sunil Kumar Samantaray .... .... .... Petitioner Versus The State of Jharkhand .... .... .... Opposite Party
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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Rakesh Kr. No.2, A.P.P
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Order No.02 Dated- 13.11.2019
Apprehending his arrest in connection with Bharno P.S. Case No.61 of 2018 instituted under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Heard learned counsel appearing for the petitioner and learned A.P.P appearing for the State.
Learned counsel for petitioner seeks permission of this Court to implead the informant as opposite party No.2 of the instant anticipatory bail application.
Permission is accorded.
The petitioner is directed to incorporate the name of the informant as opposite party No.2 of the instant anticipatory bail application during the course of the day.
Let notice be issued to O.P. No.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within one week by the petitioner, failing which, this anticipatory bail application shall stand dismissed without further reference to the Bench.
Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner has cheated Rs.11,00,000/- to the informant in the name of securing admission of the informant's ward in M.B.B.S. Course in KIIT University. It is submitted that the allegation against the petitioner is false. It is then submitted that the petitioner has not taken any money whatsoever and this false case has been foisted by the informant consequent upon his ward being not selected in M.B.B.S. Course in KIIT University. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.
Learned A.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.
List this case on 05.02.2020.
Considering the submissions of learned counsels and the facts as discussed, I am inclined to pass an interim order of anticipatory bail to the petitioner till 05.02.2020. In case of the petitioner being arrested by the police on or before 05.02.2020, he shall be released on bail provisionally on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the officer concerned in connection with Bharno P.S. Case No.61 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Choudhary, J.) Animesh/