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Sanjay Kumar vs State of Jharkhand & others.

Jharkhand High Court · Decided on 10 October 2017 · Citation: (2017) 10 JH CK 0007

HON’BLE JUDGES
Anil Kumar Choudhary
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-438>Section 438(2)</a> - Direction for grant of bail to person apprehending arrest · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-420>Section 420</a>, <a href=1767-376>Sect
RESULT
Disposed
CASE NUMBER
4438 of 2017
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Judgment

7 paragraphs · 379 words
1.

Apprehending his arrest the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Lohardaga (M) P.S. Case No.27 of 2017 (G.R. No.337 of 2017) registered under Sections 376/420 of the Indian Penal Code.

2.

Heard learned counsel appearing for the petitioner as well as learned Addl. P.P. for the State assisted by the learned counsel for the opposite party no.2.

Both, the petitioner and opposite party no.2, are present in the Court today.

3.

Learned counsel for the petitioner submits that the allegation against the petitioner is of having consensual sexual relationship with the opposite party no.2 on the promise of marriage. It is further submitted that the allegations against the petitioner are all false. There is a delay of about seven years in lodging of the F.I.R. Petitioner is ready and willing to pay interim compensation to the opposite party no.2, without prejudice to his defence. The petitioner is working as a Senior Manager in a nationalized bank drawing a gross monthly salary of more than - 70,000/-. Hence, the petitioner may be given the privilege of anticipatory bail.

4.

Learned Addl. P.P. appearing on behalf of the State assisted by the learned counsel for the opposite party no.2 opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions of counsels and the aforesaid facts and circumstances of the case, I am inclined to grant privileges of anticipatory bail to the petitioner. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing demand draft of Rs.2,00,000/- drawn in favour of opposite party no.2-Laxmi Kumari Lakra and furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lohardaga in connection with Lohardaga (M) P.S. Case No.27 of 2017 (G.R. No.337 of 2017) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

6.

In case, the petitioner deposits the interim compensation, the court below shall issue notice to the opposite party no.2-Laxmi Kumari Lakra and on proper identification, the said demand draft so deposited be released in her favour forthwith.