Suman Kumar Pandey Alias Suman Pandey vs The State Of Jharkhand on 6 September, 2017

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Jharkhand High Court

Suman Kumar Pandey Alias Suman Pandey vs The State Of Jharkhand on 6 September, 2017

Bench: Anil Kumar Choudhary

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              A.B. A. No. 5485 of 2017

                    Suman Kumar Pandey @ Suman Pandey               ...        Petitioner

                                                  Versus
                   The State of Jharkhand                       ... Opposite Party


           Coram: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY


          For the Petitioner              : Mr. S.K. Murty, Adv.
          For the Opposite Party          : Addl. P.P.

02 / 06.09.17

Apprehending his arrest, the sole petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bengabad P.S. Case No. 131 of 2017 (G. R. No. 1092 of 2017 ) registered under Sections 147/148/149/341/342/323/307/435/379/427/504 of the Indian Penal Code.

Heard learned counsel appearing for the petitioner as well as learned Addl. PP for the State.

The learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the co-accused persons assaulted the informant and others causing injury to Ramshila Yadav and Munna Yadav. It was further submitted that allegations against the petitioner are all false. There is no overt act attributed to the petitioner. The petitioner is not named in the FIR. During investigation, some of the witnesses disclosed the name the petitioner and he has falsely been implicated in this case. He is ready and willing to pay ad interim victim compensation for the victims. Hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposed the prayer for anticipatory bail. Considering the submissions of the counsels and the fact as discussed above, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of his arrest by the police or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing Rs. 5,000/- as ad interim victim compensation for the victims Ramshila Yadav and Munna Yadav and furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Giridih in connection with Bengabad P.S. Case No. 131 of 2017 (G. R. No. 1092 of 2017 ) subject to the conditions laid down under section 438 (2) Cr. P.C. In case of depositing ad interim victim compensation by the petitioner, learned Judicial Magistrate, 1st class, Giridih is directed to issue notice to the victims Ramshila Yadav and Munna Yadav and release the amount in their favour in equal proportion on proper identification forthwith.

(ANIL KUMAR CHOUDHARY, J.) Smita/-

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