Citation : 2021 Latest Caselaw 122 Jhar
Judgement Date : 8 January, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 445 of 2020
1. Ramesh Kumar Sinha @ Ramesh Kr. Siha
2. Rakesh Kumar Sinha @ Rakesh Kr. Sinha
.... Appellants
Versus
1.The State of Jharkhand
2. Laxmi Devi ..... Respondents
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CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
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For the Appellant :Mr. A.K. Chaturvedy, Advocate
For the State :Ms. Niki Sinha, APP
For the Resp. No.2 :Mr. Shailesh, Advocate
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05/Dated: 08.01.2021
1. The appeal is directed against the judgment dated
18.06.2020 passed by learned District and Additional Sessions Judge-VI- cum Special Judge SC/ST Dhanbad in SC/ST Case No.40 of 2019 whereby the prayer for anticipatory bail of the appellants have been rejected in connection with Sindri P.S. Case No. 42 of 2019 registered under Section 341, 354, 354B, 448, 506/34 of IPC and Sections 3(1)(x)(xi)of the SC/ST Act.
2. Learned counsel for the appellants and learned counsel for respondent No.2 have submitted that both the parties have amicably settled the matter.
3. Heard. It appears from the allegation made in the FIR, the ingredients to constitute the offence under Section 354B of IPC is not made out and is doubtful. Taking into account that both the parties have amicably settled the matter and good feeling has been restored amongst the parties, I am inclined to extend the privilege of anticipatory bail to the appellants. The appellants are directed to surrender in the court below within four weeks from the date of receipt/production of copy of this order and in the event of their arrest or surrender they shall be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each to the satisfaction of the learned District and Additional Sessions Judge-VI- cum Special Judge- SC/ST Dhanbad, in connection with Sindri P.S. Case No.42 of 2019, on the condition as laid down under Section 438(2) Cr.P.C.
4. In the result the appeal is, hereby, allowed.
(AMITAV K. GUPTA, J.)
Tarun/
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