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Jharkhand High Court

Mantu Mahato vs The State Of Jharkhand .... .... .... ... on 1 November, 2023

Author: Anil Kumar Choudhary

Bench: Anil Kumar Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    A.B.A. No.8976 of 2023
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1. Mantu Mahato

2. Pradeep Mahato @ Chandan Mahato

3. Samir Mahato

4. Sujay Kumar Mahato .... .... .... Petitioners 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 Petitioners        : Mr. Md. Zaid Ahmed, Advocate
     For the State              : Mr. Sudhir Kr. Mahto, Addl.P.P
                                      ------
     Order No.03 Dated- 01/11/2023
           Heard the parties.

Apprehending their arrest in connection with Chirkunda (Maithan O.P.) P.S. Case No.168 of 2023 instituted under Sections 323, 341, 326, 354, 379, 427, 504, 506, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners, in furtherance of common intention outraged the modesty of the informant, committed theft of Rs.5,000/- and caused grievous hurt to the husband of the informant. It is submitted that the allegation against the petitioners is false. It is further submitted that the genesis of the occurrence is a petty dispute between the parties. It is next submitted that for the self-same occurrence, the petitioner No.2 has also instituted Chirkunda (Maithan O.P.) P.S. Case No.170 of 2023 against the informant and others. It is further submitted that the petitioners undertake that they will not disturb or annoy the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioners undertake to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/- each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Dhanbad in connection with Chirkunda (Maithan O.P.) P.S. Case No.168 of 2023 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case and they will not disturb or annoy the informant or any of her family members in any manner during the pendency of the case and further conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Choudhary, J.) Animesh/