Md. Arshad Ansari vs State Of Jharkhand

Learned counsel for the petitioner, Mr. Mohit Prakash submits that surviving defects may be ignored as they are not of consequence relating to

furnishing of certain typed copies. Accordingly, it is ignored.

Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

Petitioner seeks anticipatory bail in terms of Section 438 of Cr.P.C in connection with Gumla P.S. Case No. 360/19 (Complaint Case No. 159/19)

instituted under Sections 406/420/467/468/506/120(B) of Indian Penal Code, pending in the court of Chief Judicial Magistrate, Gumla, Learned counsel

for the petitioner submits that the informant lady has a property dispute with her cousin, Sanjay Kumar Prasad and the only allegation against this

petitioner is that Sanjay Kumar Prasad has given part of the shop on rent to this petitioner, who is paying rent to that Sanjay Kumar Prasad. However,

the dispute with this petitioner vis-Ã -vis the informant and Sanjay Kumar Prasad has been resolved by way of compromise. Now the petitioner has

been paying rent pursuant to the agreement dated 19th September, 2020 from the month of October, 2020 to the informant. Therefore, petitioner may

be granted anticipatory bail, otherwise he may suffer unnecessary incarceration.

Learned counsel for the informant submits that the matter has been compromised and he has no objection if the petitioner is granted the protection

under Section 438 Cr.P.C.

Learned A.P.P. is present.

Having regard to the aforesaid facts and circumstances and that mutual arrangement has been arrived between the informant and petitioner vis-Ã -vis

informant's cousin, Sanjay Kumar Prasad as per the agreement enclosed to the instant petition (Annexure-2), I am inclined to grant the privilege of

anticipatory bail to this petitioner. Accordingly, petitioner above named, in the event of his surrender or arrest within a period of 4 weeks, shall be

released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Gumla in connection with Gumla P. S. Case No. 360/19 (Complaint case no. 159/19), subject to the condition as laid down under

Section 438(2) of Cr.P.C. Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not change their address or mobile phone

number without permission of the trial court.