AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the parties through video conferencing.
Learned senior 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 senior counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending his arrest in connection with Kenduadih P.S. Case No. 136 of 2020 instituted under Sections 341, 323, 325, 379, 307, 354, 448, 120B, 504, 506/34 of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.
Learned senior counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner attempted to murder the informant who is the Bhabhi of the petitioner. It is submitted that the allegation against the petitioner is false. It is next submitted that because of the property dispute between the parties, this case has been instituted and for the selfsame occurrence, from the side of the petitioner, first Kenduadih P.S. Case No. 135 of 2020 has been filed and as a counterblast this false case has been foisted. It is also submitted that the petitioner undertakes that he will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and undertakes to deposit Rs.50,000/- without prejudice to his defence in this case in favour of the informant. 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 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 A.C.J.M., Dhanbad within six weeks from today and in the event of their arrest or surrendering, the petitioner will be enlarged on bail on depositing a demand draft of Rs.50,000/- 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 A.C.J.M., Dhanbad in connection with Kenduadih P.S. Case No. 136 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 numbers and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and with the condition that the petitioner will not annoy or disturb the informant or any of her family members in any manner during the pendency of the case 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.