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Judgment
21 paragraphs · 427 wordsHeard the parties through video conferencing. 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 Rikhiya P.S. Case No. 108 of 2018 instituted under Sections 341/323/ 307/448/379/120B/34 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 murder the informant
and others and committed theft. It is submitted that the allegation against the petitioner is false. It is next submitted by the learned counsel for the
petitioner, drawing the attention of this Court at page nos.23- 24 (Annexure-3) of the brief which is the copy of the joint compromise petition filed by
the parties in the court of Sessions Judge, Deoghar that both the parties have settled the matter outside of the Court. It is further submitted that the
petitioner and the informant are full brothers and because of some misunderstanding between them, the occurrence took place. It is lastly submitted
that the petitioner is ready and willing to co-operate with the investigation of the case. 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 Chief Judicial Magistrate, Deoghar within six weeks from
today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two
sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Deoghar in connection with Rikhiya P.S. Case No. 108 of
2018 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
