Om Prakash vs State Of Jharkhand & Anr

Kailash Prasad Deo, J

Heard, learned counsel for the petitioner, Mr. Ashish Kumar and learned counsel for the State, Mrs. Nehala Sharmin, APP.

Learned counsel for the petitioner has submitted that petitioner is apprehending his arrest in connection with Giridih (M) P.S. Case No.91 of 2019, for the offence registered under Sections 406/420/506/34 IPC.

Learned counsel for the petitioner has submitted that on the basis of the agreement executed between the parties for non-payment of the amount, the criminal case has been lodged, though no civil suit has been preferred for adjudication of the agreement.

Learned counsel for the State, Mr. Ashish Kumar has opposed the prayer for bail and has submitted that other co-accused persons have been granted anticipatory bail by co-ordinate Bench of this Court on payment of Rs.2.50 lacs, as such, petitioner is also granted anticipatory bail sum amount may be deposited.

Considering the rival submission of the parties and looking to the facts and this Court has to either granted anticipatory bail or refuse anticipatory bail and the criminal court is not meant for recovery of the amount. Since it appears to be a civil dispute between the parties as there is agreement between the parties, accordingly, petitioner (Om Prakash) is directed to surrender before the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Giridih in connection with Giridih (M) P.S. Case No.91 of 2019 subject to the conditions, as laid down under Section 438(2) Cr.P.C and also on the following conditions:-

(i) One of the bailors shall be deponent/pairvikar of the present case namely, Md. Wahid Ansari, S/o Md. Daud Ali, R/o Moshf Dih, P.O. Pachamba, P.S. Giridih (M), District- Giridih, who has furnished photocopy of his UID Card before this Court in the bail application.

Office is directed to send photo copy of the UID Card of deponent along with this order to the court below so as to verify the authenticity of the bailor.

(ii) Another bailor shall be father/mother/son/sister/brother/wife. Accordingly, the instant anticipatory bail application is hereby allowed.