Jharkhand High Court
Prawesh Alias Prawesh Kr Choudhary And ... vs The State Of Jharkhand on 9 May, 2016
Author: R. Mukhopadhyay
Bench: Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3431 of 2015
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1. Prawesh @ prawesh Kr. Choudhary, S/o Ranjeet Choudhary,
R/o Village Dighi, P.O. & P.S. Saraiyahat, Sub-division and Distt-
Dumka
2. Subhash Rout, S/o Badri Rout, R/o Village Dighi, P.O. & P.S.
Saraiyahat, Sub-division and Distt-Dumka
3. Ranjeet Kr. Choudhary @ Ranjeet Choudhary, S/o Late Chamru
Choudhary, R/o Village Dighi, P.O. & P.S. Saraiyahat, Sub-
division and Distt-Dumka
4. Uma Kant Choudhary, S/o Ranjeet Choudhary, R/o Village
Dighi, P.O. & P.S. Saraiyahat, Sub-division and Distt-Dumka
5. Mukesh Choudhary @ Mukesh Kr. Choudhary, S/o Ranjeet
Choudhary, R/o Village Dighi, P.O. & P.S. Saraiyahat, Sub-
division and Distt-Dumka
6. Deepak Choudhary @ Deepak Kr. Choudhary, S/o Ranjeet
Choudhary, R/o Village Dighi, P.O. & P.S. Saraiyahat, Sub-
division and Distt-Dumka
... ... Petitioners
Versus
1. The State of Jharkhand
2. Renu Devi, W/o Radhyashyam Choudhary, R/o Village-Dighi,
P.O. & P.S.- Saraiyahat, Distt- Dumka
... ... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner : Mr. Awanish Shekhar, Advocate
For the State : Mr. A.K. Pandey, A.P.P.
For the O.P. No.-2. : Mr. K.P. Deo, Advocate
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08/09.05.2016Heard Mr. Awanish Shekhar, learned counsel appearing for the petitioner and Mr. A.K. Pandey, learned A.P.P. for the State as well as Mr. K.P. Deo, learned counsel for the opposite party no. 2.
Petitioners have prayed for grant of anticipatory bail, as they are apprehending their arrest in connection with P.C.R. Case No. 254 of 2009 corresponding to T.R. Case No. 1233 of 2015 registered for the offences punishable under Sections 365/506/34 of the Indian Penal Code.
It has been submitted by the learned counsel for the petitioners that initially First Information Report was instituted and after submission of Final Form, cognizance on protest petition was taken and the petitioners were directed to face trial. It has been submitted that the victim had in her statement recorded u/s 164 Cr.P.C. categorically stated that she was married with Badsah with whom she was residing. It has been -2- submitted that the victim girl was aged about 20 years and the learned Judicial Magistrate, Dumka vide his order dated 28.05.2008 had permitted her to go with Badsah. It is, therefore, submitted that the petitioners have merely been implicated as accomplice of the accused Badsah.
Mr. K.P. Deo, learned counsel for the opposite party no. 2 has opposed the prayer for bail and has referred to paragraph 10 of the statement of the victim girl u/s 164 Cr.P.C., wherein she has stated that she was fearing for her life from the petitioners and they were the persons who had kidnapped her.
It appears that it is not in dispute that the complainant is the mother of victim and the victim was permitted to go with Badsah vide order dated 28.05.2008 passed by the Learned Judicial Magistrate, Dumka. It further appears that in her statement recorded u/s 164 Cr.P.C. at para 72 of the case diary she has stated that she had gone with Badsah on her own free will. This fact has also been supported in course of her statement recorded u/s 161 Cr.P.C.
Considering the fact that the victim Vandana Choudhary, had married with Badsah, the petitioners seem to have been implicated only on account of being accomplice of accused Badsah and prior to the incident, a PCR case no. 543/2004 was pending in which the victim was one of the witnesses.
Considering the aforesaid facts and circumstances of the case I am inclined to allow this anticipatory bail application. The petitioners, named above, are directed to surrender in the court below within three weeks from today and on such surrender, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Dumka, in connection with P.C.R. Case No. 254 of 2009 corresponding to T.R. Case No. 1233 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(R. Mukhopadhyay, J.) Alok/-