Dhananjay Kumar Jha @ Dhananjay ... vs The State Of Jharkhand
2023 Latest Caselaw 4216 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        W. P. (Cr.) No. 164 of 2019
         Dhananjay Kumar Jha @ Dhananjay Jha .... .. ... Petitioner(s)
                        Versus
         1.The State of Jharkhand.
         2.Anju Jha
         3.Juhi Kureshi                             .. ... ...Opp. Party(s)
                        ...........

CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY .........

         For the Petitioner(s) :      Mr. Birendra Kumar, Advocate
                                      Mr. Anuj Burman, Advocate
         For the State              : APP
         For the O.P. No.2 :          Mr. Girish Mohan Singh, Advocate
                        ......

06/ 08.11.2023. Heard, learned counsel for the parties.

1. The victim compensation awarded by learned Judicial Commissioner, Ranchi, in ABP No.603 of 2018 vide order dated 06.03.2019 (arising out of Complaint Case No.3827 of 2017) is under-challenge in the instant Writ Petition (Criminal).

2. Learned counsel for the petitioner has submitted that learned court below while granting anticipatory bail to the petitioner, has granted as ad interim victim compensation of Rs.2,00000/- (Rupees Two Lakhs). The said order of victim compensation while disposing of a bail application was against the settled law.

3. Learned counsel for the petitioner relies upon the judgment rendered in the case of Rohit Jaiswal vs. State of Jharkhand & Anr., passed in SLP (Crl.) No.1077 of 2023 wherein order of Rs.9 Lakhs as ad interim victim compensation passed in anticipatory bail application was struck down, as such, the same could not be imposed in an anticipatory bail application Learned counsel further relies upon the judgment passed by this Court in Cr.M. P. No.2194 of 2020 whereby it has been held that award of victim compensation in the bail order was not sustainable and was accordingly set aside.

4. Learned APP for the State assisted by learned counsel for the O.P. No.2 has defended the impugned.

In view of the law laid down, as aforesaid, the award of victim compensation of Rs.2,00,000/- (Rupees Two Lakhs) in the anticipatory bail order being is not sustainable and is accordingly set aside. The instant Writ Petition (Crl.) is allowed.

Petitioner is directed to surrender within a period of four weeks from the date of the order.

Pending I.A., if any, stands disposed of.

(Gautam Kumar Choudhary, J.) Sandeep/