High CourtsSingle Bench

Bharat Paswan And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 2 February 2024 · Citation: (2024) 02 JH CK 0004

HON’BLE JUDGES
Rajesh Kumar, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302, 364 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 8501 Of 2023
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Judgment

11 paragraphs · 352 words

Rajesh Kumar, J

1.

Learned counsel for the applicant (s) seeks permission to withdraw this anticipatory bail application so far as applicant Nos.1, 3 to 10, are concerned, with a liberty to approach before the court below for grant of regular bail.

2.

Permission is granted.

3.

Accordingly, this anticipatory bail application is dismissed as withdrawn with the liberty aforesaid, so far as applicant Nos.1, 3 to 10 are concerned.

4.

However, counsel for the applicant (s) is confining his prayer so far as applicant No.2 is concerned.

5.

Heard learned counsel for the applicant No.2 and learned A.P.P. for the State.

6.

The applicant-Mamta Devi, who is an accused for the offence under Sections 364 and 302 IPC, prays for anticipatory bail expressing apprehension of arrest in connection with Hussainabad P.S. Case No.120 of 2023.

7.

Innocence has been claimed and undertaking has been given to co-operate with the Investigating Agency/Trial. It has been submitted that present applicant is a lady and there is no specific allegation against her. On the above basis, prayer for anticipatory bail has been made.

8.

On the other hand, learned A.P.P. has opposed the prayer for anticipatory bail of applicant No.2.

9.

Considering the fact that the applicant No.2 is a lady and there is no specific allegation against her, I am inclined to grant privilege of anticipatory bail to applicant No.2-Mamta Devi. Accordingly, the applicant(s) above named is directed to surrender before the court below within two weeks from today and on her surrender, the applicant(s) be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand ) with two sureties of the like amount each to the satisfaction of the learned SDJM, Palamu at Daltonganj, in connection with Hussainabad P.S. Case No.120 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

10.

Further the applicant(s) will submit self-attested photocopy of her Aadhaar Card(s) and also her mobile number(s) before the learned court below which she will always keep active and will not change it during pendency of this case without prior permission of the court.