Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:11283 IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4246 of 2024
----- Arun Kumar, S/o Late Dileshwar Prasad Yadav, R/o Panchayat- Kataia, P.O. & P.S. Satgawan, District- Koderma
.... Petitioner(s). Versus 1.The State of Jharkhand 2.Manish Devi @ Manisha, D/o Anil Kumar Yadav, R/o Gram- Jagdishpur, P.O.- Pihra, P.S. Gawa, District- Giridih
… Opp. Party(s). ------
CORAM :
SRI ANANDA SEN, J.
------ For the Petitioner(s) : Mr. Govind Ray Karan, Advocate For the State : Mr. Achinto Sen, A.P.P. For the Informant : Mr. Kamdeo Pandey, Advocate
…...... 06/ 15.04.2025:
Heard, learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. This anticipatory bail application under Sections 438 and 440 of the Cr.P.C. has been preferred by the petitioner apprehending his arrest for the offences under Sections 498(A) and 313 of IPC. Learned A.P.P. opposes the prayer for anticipatory bail of the petitioner. This case is arising out of a complain case thus there is no occasion of custodial interrogation. The only issue which has to be seen is whether the petitioner will appear regularly to face the trial or not and whether he will tamper with the evidence or not. There is nothing in the impugned order or from the records to suggest that the petitioner either will not appear or will tamper with the evidence. Since, it is a case arising out of the complaint, there is no question of custodial interrogation also, thus taking the petitioner in custody will amount to pre-trial custody. Accordingly, the anticipatory bail application stands allowed. The petitioner, above named, is directed to surrender before the learned Court below within four weeks from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs.
Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class at Giridih in connection
2025:JHHC:11283 with Complaint Case No.2340 of 2022 subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. (ANANDA SEN, J.) R.S./