Citation : 2024 Latest Caselaw 1578 Jhar
Judgement Date : 16 February, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Appeal (S.J.) No.472 of 2023
1.Pintu @ Ravindra Kumar
2.Shakuntala Devi ... ... ... ... Appellant(s)
Versus
1.The State of Jharkhand
2.Lakshmi Kumari ... ... ... Respondent(s)
.......
CORAM: SRI ANANDA SEN, J.
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For the Appellant(s) : Mr. Sheo Kumar Singh, Advocate
For the State : Mr. V.S. Sahay, A.P.P.
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11/ Dated: 16.02.2024
Heard, the learned counsel for the parties.
The notice to the O.P. No.2- victim has already been served.
This is prayer for anticipatory bail for alleged committing an
offence under Sections 376/377/201/313/504/506/34 of IPC and
under Section 3(I)(S) & (2) (va) of SC/ST Act.
These appellants are the brother and mother of the main
accused. The main accused approached this Court in Criminal Appeal
(SJ) No.271 of 2023 for grant of regular bail. The co-ordinate Bench of
this Court considering the nature of allegation and considering that the
victim was 30 years old and having a child and she voluntarily
developed relationship with the main accused and also considering
the submission of the informant that she has compromised the dispute
with the main accused and the case was filed due to
misunderstanding, co-ordinate Bench of this Court granted regular
bail to the main accused by setting aside the impugned judgment
passed by the learned Special Judge, SC/ST Act, Palamau at
Daltonganj.
Since the main accused has been released on bail, I am
inclined to allow this appeal, I direct the petitioner to surrender before
the learned Special Judge, SC/ST Act, Palamau at Daltonganj in
connection with Mahila P.S. Case No.04 of 2023 within three weeks,
on his surrender and he will be released on furnishing bail bond and
sureties as fixed by the trial court.
8. This Criminal Appeal is allowed consequently the impugned
order dated 28.06.2023 passed in A.B.P. No.668 of 2023 is set aside.
(Ananda Sen, J.) R.S.
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