Usha Devi vs State Of Jharkhand

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 her arrest in connection with Govindpur P.S. Case No.01 of 2019 instituted under Sections 406, 420, 427, 379 of the Indian Penal Code,

the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel for petitioner seeks permission of this Court to implead the informant as opposite party No.2 of the instant anticipatory bail

application.

Permission is accorded.

The petitioner is directed to incorporate the name of the informant as opposite party No.2 of the instant anticipatory bail application within one week

after the lockdown is over.

Let notice be issued to O.P. No.2 under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within

four weeks by the petitioner, failing which, this anticipatory bail application shall stand dismissed without further reference to the Bench.

Learned counsel for the petitioner submits that though it is alleged that in the absence of the father of the informant, the petitioner trespassed into the

house of the father of the informant and is illegally occupying the same after breaking the lock of the said house. It is submitted that the allegation

against the petitioner is false. It is then submitted that in fact, the petitioner is occupying the said house in terms of an agreement entered into between

the petitioner and the father of the informant and in this respect, learned counsel for the petitioner draws the attention of this Court towards page-19-

22 of the brief which is the copy of the said agreement. 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.

List this case on 26.02.2021.

Considering the submissions of learned counsels and the facts as discussed, I am inclined to pass an interim order of anticipatory bail to the petitioner

till 26.02.2021. In case of the petitioner being arrested by the police on or before 26.02.2021, he shall be released on bail provisionally on furnishing bail

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

Govindpur P.S. Case No.01 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.