Amit Kumar vs State Of Jharkhand

Heard the parties through video conferencing. Mr. S. P. Roy- learned counsel for the petitioner undertakes to remove the defects pointed out by the

stamp reporter within two weeks after the lockdown is over.

In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the

present.

Apprehending his arrest in connection with Pathargama P.S. Case No.144 of 2020 instituted under Section 376/511 of the Indian Penal Code the

petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to commit rape upon the

informant/victim. It is submitted that the allegation against the petitioner is false. It is then submitted that at the time of marriage of the informant a

financial help was provided to the mother of the informant/victim by way of friendly loan but it was not returned and in this respect, a quarrel took

place between the parties, hence, this false case has been foisted against the petitioner to harass him. It is also submitted that the petitioner undertakes

that he will not disturb or annoy the informant in any manner during the pendency of the case. Drawing attention of this Court towards para-11 of the

instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that

the petitioner is ready and willing to co-operate with the investigation of the case and to pay ad interim victim compensation of Rs.20,000/- without

prejudice to his defence in this case in favour of the informant. 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.

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 J.M. 1st Class, Godda within six weeks from today and in the

event of his arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.20,000/- as ad interim victim

compensation without prejudice to his defence in this case drawn in favour of the informant and on furnishing bail bond of Rs.25,000/- (Twenty five

thousand) with two sureties of the like amount to the satisfaction of learned J.M. 1st Class, Godda in connection with Pathargama P.S. Case No.144

of 2020 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by

him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the

pendency of the case and he will not disturb or annoy the informant in any manner during the pendency of the case and subject to the conditions as

laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits the said demand draft, the court below is directed to issue notice to the informant and on her proper identification, the

court below shall handover the same to her forthwith.