High CourtsSingle Bench

Deep Narayan Yadav vs State Of Jharkhand

Jharkhand High Court · Decided on 3 November 2020 · Citation: (2020) 11 JH CK 0147

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 307, 323, 341, 379, 448 · Code Of Criminal Procedure, 1973 — Section 438(2)
RESULT
Allowed
CASE NUMBER
A.B.A. No. 5444 Of 2020
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Judgment

21 paragraphs · 427 words

Heard 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.