Jharkhand High Court
Jitendra Kumar Singh vs The State Of Jharkhand & Anr. ... ... on 21 January, 2020
Author: Anil Kumar Choudhary
Bench: Anil Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 7026 of 2019
Jitendra Kumar Singh ... Petitioner
Versus
The State of Jharkhand & Anr. ... Opposite Parties
Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. Anurag Kashyap, Adv.
For the State : Addl. P.P.
For Opposite Party No. 2 : Mr. Ajit Kr. Dubey, Adv.
05 / 21.01.2020Heard the parties.
Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Panki P.S. case no. 110 of 2018 registered under Sections 323/379/498A of the Indian Penal Code and section 3/4 D.P.Act.
Learned counsel appearing for the petitioner submits that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also ready and willing to pay Rs. 1,05,000/- as ad interim victim compensation to the informant by way of installments without prejudice to his defence hence, the petitioner be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.
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 Chief Judicial Magistrate, Palamau 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 one month from the date of his surrender on depositing a demand draft of Rs.50,000/- 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 Chief Judicial Magistrate, Palamau in connection with Panki P.S. case no. 110 of 2018 subject to the conditions that he will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along as laid down under Section 438(2) of the Code of Criminal Procedure. In case the petitioner deposits another demand draft of Rs. 11,000/- within the period for which the provisional bail is granted, then the provisional bail shall be extended for further one month from the date of his deposit by the trial court. Accordingly, on depositing of each demand draft of Rs.11,000/- drawn in favour of the informant-opposite party No.2, the provisional bail granted to the petitioner shall be extended for the period of further one month and on the petitioner depositing the last demand draft of Rs. 11,000/- drawn in favour of the informant -opposite party No.2 thereby completing payment of the total amount of Rs. 1,05,000/- on or before five months of 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 coercive steps for the arrest of the petitioner for facing the trial and if the said amount is deposited by the petitioner, the same will be released in favour of the informant after to notice and be adjusted towards maintenance in any proceeding between the parties in future or the final settlement, if any, takes place between the parties.
(ANIL KUMAR CHOUDHARY, J.) Smita/-