High CourtsSingle Bench

Nilambar Gope vs State Of Jharkhand

Jharkhand High Court · Decided on 10 November 2020 · Citation: (2020) 11 JH CK 0100

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 498A · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 5724 Of 2020
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Judgment

21 paragraphs · 353 words

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the

stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barwadda P.S. Case No.143

of 2019 registered under sections 498A/34 of the Indian Penal Code.

The learned counsel for the petitioner seeks permission of this Court to implead the informant as opposite party no.2 in this anticipatory bail

application.

Permission is accorded.

The petitioner is directed to incorporate the name of the informant as opposite party no.2 in this anticipatory bail application within one week after the

lockdown period is over.

Let notice be issued to the newly impleaded opposite party no.2 under registered cover with A/D as well as under ordinary process for which

requisites etc. must be filed within two weeks by the petitioner, failing which, this application shall stand dismissed without further reference to the

Bench.

Learned counsel for the petitioner submits that the petitioner is the husband of the informant and the allegation against the petitioners are all false and

are general and omnibus in nature. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

The learned Addl. P.P. opposes the prayer for anticipatory bail.

List this case on 12.01.2021.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail provisionally till

12.01.2021. In case of the petitioner being arrested by the police on or before 12.01.2021, he shall be released on bail provisionally on furnishing bail

bond of Rs. 25,000/- (Rupees Twenty Five thousand) with two sureties of like amount each to the satisfaction of the officer concerned in connection

with Barwadda P.S. Case No.143 of 2019 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.