High CourtsSingle Bench

Binod Kumar Pandey vs The State of Jharkhand

Jharkhand High Court · Decided on 30 March 2011 · Citation: (2011) 03 JH CK 0228

HON’BLE JUDGES
Narendra Nath Tiwari, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 342, 365, 376, 379
CASE NUMBER
B.A. No. 1443 of 2011
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Judgment

5 paragraphs · 252 words

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered for the offence u/s 376 of the Indian Penal Code.

2.

Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the case due to ulterior malafide motive; the prosecutrix had been working as maid-servant and was instrumental in kidnapping the Petitioner''s daughter; for that, the Petitioner had lodged an F.I.R. against the prosecutrix and the same was registered as Rail P.S. Case No. 23 of 2010 under Sections 342, 384, 379 and 365/34 I.P.C.; the instant case was a counter blast and intended to pressurize the Petitioner to part with some property in favour of prosecutrix; the Petitioner has no criminal antecedent; he is a local permanent resident; there is no chance of his absconding.

3.

Learned Counsel, appearing on behalf of the informant, has accepted the said position and has not opposed the Petitioner''s prayer.

4.

Learned APP opposed the prayer for bail of the Petitioner, but has not disputed the said contentions of learned Counsel for the Petitioner and learned Counsel for the informant.

5.

Regard being had to the facts and circumstances of the case, the above named Petitioner is directed to 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 learned Chief Judicial Magistrate, Daltonganj at Palamau in connection with Daltonganj Rail P.S. case No. 24 of 2010, corresponding to G.R. Case No. 2527 of 2010.